What is the ruling on a husband keeping the marital home's title deed with his brothers to prevent his wife from acquiring it after his death, and is it permissible for the childless wife to remain in the apartment, or should it be divided among the heirs?
If the husband dies and owns a house, it becomes the property of all his heirs, and the wife receives a share from it only commensurate with her inheritance. As for some countries granting the wife the marital home after her iddah (waiting period), this is impermissible, and it is permissible for the husband to resort to stratagem to evade this unjust law.
The wife must remain in her deceased husband's house for the duration of the iddah and should not leave except for a valid excuse. The heirs are not permitted to expel her from it until the iddah period expires.
Scholars have differed regarding the obligation of a widow to reside in the marital home without paying rent: - The Hanafis and one opinion among the Shafiis (contrary to the more prevalent view) hold that she has no right to housing from the deceased's estate. - The Shafiis (the more prevalent view) and the Malikis hold that she has a right to housing under two conditions: that the husband had consummated the marriage with her, and that the dwelling was owned by the deceased, or by a temporary usufruct, or by a lease paid before his death. - The Hanbalis state: A widow has no right to housing unless she is pregnant, and if she is pregnant, there are two narrations.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
Read the full answer on Ftawyhttps://ftawy.com/en/questions/159910