Split of joint property after divorce

Question ID: 39262


Please assist with the Shariah requirements in the scenario below as to the duties to be fulfilled by both the husband and wife. Shukran

A man has separated from his wife in September 2008 and has not been near her since. she had requested that he divorce her as their married life had endured many problems. They have two female children aged 11 and 14. they were married in community of property as well and are joint owners of a property. the bulk of the deposit for the property was paid by the man but the income in the last 15 years which paid for the balance , maintained and upgraded the property were due in main to a business derived from the expertise of the woman.

The man now wishes to give Talaaq and end the marriage. He also wishes to finalise the divorce in the courts but both do not want to employ lawyers as this would reduce the amount they receive in settlement. The points raised below are hindering this process as they cannot agree on the execution:

there is a personal debt that is due to a third person that will need to be deducted from any settlement amount first.

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Asked on January 1, 1970 12:00 am
Private answer

If she is 1/2 share holder, she must get 1/2.

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Answered on January 1, 1970 12:00 am