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Should the car's price be divided among the heirs as part of the inheritance, and at what price should it be divided: at its price after death, or at its current price?

2 min readAlso available in العربية

The wealth left by the deceased belongs to their heirs from the moment of death. They have the right to divide it or keep it undivided by mutual consent. If one of the heirs requests their share, then division becomes obligatory, either by selling the asset and distributing its price, or by the heir who wishes to own the asset paying the share of the remaining heirs based on its value.

If the heirs agree to keep the car and then later wish to divide it, its value should be determined at its market price on the day of sale, not on the day of death. This is because it is a shared asset among the heirs, who equally share its gains and losses.

If one of the heirs uses the car without the permission of the others, they are liable for any decrease in its value due to usage, and for a rental fee equivalent to its market rate for that period, as it is treated like a usurped item.

This liability covers the decrease in value resulting from usage. However, there is a difference of opinion among scholars regarding the decrease in value due to changes in market prices. If an heir was content with the usage, they have no right to claim compensation. But if an heir was not content, they have the right to their share of the decrease and the rental fee.

It is advisable to show leniency and concede what has passed, especially since the one who used the car did not intend to deprive them of their right. It is sufficient to divide the car's current value according to its current price, unless there are minors among the heirs, in which case their full rights must be given to them without any reduction.

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

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