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Does the family home fall under the division of inheritance, knowing that selling it would harm those who live in it from the heirs (the mother, and the unmarried son and daughter) because their share would not be sufficient to buy another home, and is what the father gifted to some of his married children during his lifetime taken into account?

1 min readAlso available in العربية

The deceased's residence is not part of the estate to be divided among the heirs. Marrying off needy children is not considered a breach of fairness in giving gifts, as addressing a need does not necessitate equality; rather, each is given according to their need. However, if the children are able to rent housing, then giving housing to some children without the others is considered an injustice in the gift, and such gifts are deemed invalid. In this case, the value of the gifted housing is deducted from the share of the children who were given housing from the estate. It is advised not to rush into dividing the house as long as the mother is living in it with young children and needs it. They can divide the house while the mother remains in it, or sell it and provide housing for the mother if she is poor.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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