How is the profit from the sale of a house jointly owned by a couple divided if they divorce, and is it permissible for the husband to marry a second woman without his first wife's knowledge or consent?
Firstly: If the spouses share in purchasing a house, then what was agreed upon between them must be acted upon. If they did not specify each party's share, and the wording indicated partnership, such as their saying: "We will buy a house in partnership between us," then the house is equally divided between them; because whatever is attributed to a group implies equal partnership. If there is no agreement or wording indicating partnership, then the ownership of the house between them is according to the amount each of them paid, and the price upon sale is divided according to each one's ownership percentage. And what the wife pays in bills for mortgage installments, because bills and the like are the husband's responsibility.
Secondly: The husband is not allowed to bring his other wife into the first wife's home when she is absent, except with her permission; due to the violation of her exclusive right to her home and bed that this entails.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 16872
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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