Division of asserts post divorce

Everyday Islamic Finance Personal and Family Finance
#1

Saalam alikum

Be grateful for a steer on how assets should be divided between parties when there is divorce, assuming there is just a property, slightly unequal pensions (man is predicted to have about 25% more in value) and there are 3 children (>12yrs). They married at the start of their careers so limited if any assets prior to marriage.

-Is it permissible for one party to seek an allowance (monthly) post divorce? (That is not related to children)
-Is it permissible to equally divide the pension? (Esp assuming that will only be realised in 15-20 years ia!)

  • if the man has paid more for the house over the course of the marriage is he entitled to more even though they were joint tenants?
    It is permissible to change ownership to tenants-in-common without agreement from the other?

Jazaak-Allah-kum khairan for any advice

#2

Assalaamu alaykum,

In principle, only those assets which were jointly owned are considered for division.

The two parties may agree to benefit from assets in turn or agree to liquidate and share the income according to ownership.

Once the waiting period is over, one party owes no obligation to the other party. Of course, the father should provide for children and maintain them.

Besides above, both parties can mutually agree to divide their assets as they wish.

Allah knows best

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