Putting house on wifes name

Question ID: 29493

Dear Mufti Elias
, Assalamualaikum warah matull laahah wabarakaatoo

I will be grateful if you can please answer my question.

My wife is afraid that after I pass away then she may not have a home to
live independently.
The house is in my name presently and she feels if the house were in her
name then she could sell it and move into safe secure flat after I pass

I have sons and my wife would not like to be under them/staying with
them when I pass away.

The problem is it will cost me around R150 000 transfer duty to the
government to transfer and register the house in my wife’s name.

The question is – Can I can give my wife the house now while I am alive
without having to pay government transfer duty to have the house legally
registered in her name? – and if I can how do I word
it? – so the house is hers and that she could sell it and use the proceeds
to move into a secure apartment/flat should the day arise.


Marked as spam
Asked on March 13, 2014 6:36 pm
Private answer

1) What happens if she passes away before you after you transfer the house?

2) You can give the house to your wife in your lifetime.

3) You can also write a clause in your will stating that upon your death your wife will use the house until her death, though Islaamic distribution will take place.

Marked as spam
Answered on March 13, 2014 6:36 pm