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Fatwa CenterDividing the property gifted to the wife by her husband
Question
plz reply this question in the light of quran and sunnah My question is that a husband give proptery to his wife 20 year back they had 2 children 1 son and 1 Daugther both are married due to some famly problem and disputes it was decided to sell the property and each member should give there share according to sunnah and quran so can u plz lighted us that would be sharing ratio among four member (1) HUSBAND (2)WIFE (3) son 4(DAUGHTER
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 
is His slave and Messenger.
If the properties that the husband had gifted to his wife were legally possessed by her while he was still alive, then they have become the property of the wife and if they are sold, the price will be for the wife. The husband has no share in those properties because they were dispossessed from him as he gifted them to his wife and she possessed them and their ownership was transferred to the wife. Besides, the son and the daughter have no share in them as long as the wife is still alive. However, if the wife dies, then the properties will be transferred to all her heirs.
As regards the properties which the husband did not gift to his wife or those which she did not legally possess from him, then they belong to him and the wife has no share in them except what she inherits from him after his death if he dies first.
Finally, it should be noted that it is not permissible for any spouse to take the possessions of the other relying on man-made laws which divide the properties between the husband and the wife when divorce takes place. This law contradicts the Sharee’ah as it is consuming people’s money without right.
Allaah Knows best.
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