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Fatwa CenterShe asks her husband for her share of the rent money of their property
Question
salaam, I would like to know riights on the wife regarding property. Me and my husband have our own property,i have spent alot of money on furniture. I looked after the house and did alot in that house. Last year we moved to riyadh and rented out that property. I said to my husband i would like the rent money transfered to my account as i am not working anymore and have no income coming in. My husband didnt even discuss with me and the rent money he transfered to his fathers account. My husband never discusses issues with me and takes decisions himself. My car he bought me a gift,i didnt even have a right on that he gave that to his brother. Iam not happy the way my husband does things and takes my rights away. I would like some answers on this issue please.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
The rent money of a house is, in principle, due to the owner of the rented house. If the house is owned by the husband, the rent money will go to him; and if it is owned by both the husband and the wife, the rent money will be divided between them each according to his/her share. If the house is owned by the husband, and its furniture is the wife's, then, the wife shall have a share of the rent money according to the value of the furniture.
The basic rule is that what the husband brings with his own money of the house's furniture is his right, and what the wife brings with her own money is hers. However, it is preferable to write down a list of what each of the couple has of the furniture and other things.
Concerning the car, if the husband gave it to the wife as a gift and she actually possessed it, it would be impermissible for him to take it back. The Prophet, sallallaahu ‘alayhi wa sallam, said: “The one who takes back his gift is like a dog which vomits and then eats back its vomit." [Al-Bukhari and Muslim]. But if he bought it for her and she did not possess it, then it is a non-binding gift. For further information about the impermissibility of taking back the gift once it is possessed by the beneficiary, please refer to Fataawa 90377 and 87766.
Under all circumstances, it is due on the husband to fear Allaah, and not to deprive his wife of her rights affirmed to her by Sharee‘ah. Each of the spouses should be sensitive to the feelings of the other, overlook the slips of the other which could be overlooked, and both should solve their problems through mutual understanding and cooperation.
Allaah Knows best.
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