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Is it permissible for the mother to take the house for which she was paying installments, or to take 50% of its value in cash, after her divorce from the father with three pronouncements of divorce? And what is the religious ruling on that?

1 min readAlso available in العربية

A divorced woman has no legal right to the marital home if it is owned by the husband. However, if the wife paid the full price of the house from her private funds (state aid allocated to her), then the house belongs to her. If she paid only a portion of the price, she is a partner according to the amount she paid.

If her payment was intended as a donation, she is not permitted to revoke the gift, unless her intention was for the house to be the marital home from which she would not leave without her consent, and then a divorce occurred; in this case, she may revoke it. This is based on the saying of the Prophet, peace be upon him: "It is not permissible for a man to give a gift or make a donation and then revoke it, except for a father concerning what he gives to his child." And the saying of Umar ibn al-Khattab, may Allah be pleased with him: "Whoever gives a gift intending only to receive a reward: he remains entitled to his gift; he may revoke it if he is not satisfied with it."

As for a court ruling, it does not make lawful what is unlawful. Therefore, if the divorced woman does not deserve the house legally (according to Sharia), she is not permitted to seize it based on a court ruling, due to the saying of the Prophet, peace be upon him: "If I rule for someone a right from his brother's right, he should not take it, for I am only cutting for him a piece of fire."

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

Read the full answer on Ftawy