Wife's right to lay claim over husband's property

Asalaam-u-alaikum. Before I got married, my father gifted me a property. After marriage, Allah blessed it into a business for me. I bought and sold properties to make a profit. I kept my wife on the deeds for 2 reasons. Tax relief and should anything happen to me, she won’t be left with the administrative burden of inheritance. I made the reasons clear to her and placed the condition that she would never interfere in relation to financial matters. 12 years later, she broke that promise and contacted my solicitor and the estate agents as I was trying to sell my home. She is now laying claim to the wealth and insisting I had gifted her half the share for being a housewife and coming on this journey with me. She has not contributed a penny or effort into any of this and is now refusing to remove her name from the properties. Is this fair? Is it permissible for me to seek divorce over this?


May Allah bless you.
I totally understand your frustration, and if she has broke her promise then she is wrong to do that, as Islam teaches us to fulfil our promises.
However, I cannot tell you to divorce your wife based on what you said. Divorce is not about whether it’s halal or not. It’s about whether both of you can love and live with each other happily. It is best you discuss this matter with you wife, or seek counselling to mediate between the two of you.

And Allah knows best!

Ameen. Barak’Allah feek. Ideally what I’d like to understand is that she feels she was gifted the property, I believe that’s not the case. Islamically, how should this issue be resolved? Should she do as her husband says and hand back the property or does that leave me exposed if I have forgetfully ‘gifted’ her the property which I do not recall doing? Or does she have a right over her husband’s property anyway? What is the islamic position in this situation? Jazak’Allah khair.

The general rule is that each partner own its personal assets alone. Marriage in itself does not automatically create a joint claim, on each assets owned by husband and wife.

If it can be established that the property is fully yours, then yes she should hand it back. However, she doesn’t have to only because the husband tells her to. Also you said, she claims you gifted her the property, so maybe she is also right? I sincerely believe that this should be dealt with internally.

And Allah knows best!