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Q: If a child pays off their parents’ debts, such as mortgages and car loans, does that make them the owner of those assets?
A: It depends on the intention. If the money was given as a gift (hibah) with no expectation of return or ownership, then the asset remains the parents’ property. But if the child intended to own the asset in return (e.g., the house), then it’s considered a loan or investment, and the asset may rightfully belong to the child.
Q: If a house is paid for mostly by a son, but the title is in the father’s name, who owns the house?
A: Ownership is based on who paid and why. If the son paid with the intention of eventually owning it, and did not give it as a gift, the house belongs to the son, not the father—even if the legal title is in the father’s name.
Q: What is the ruling if someone gives money to a parent but later expects to reclaim the asset (e.g., the house)?
A: This is not considered a gift; it is a loan or investment. In Islam, a gift (hibah) must be given without expecting a return. If someone expects to take back ownership, it was never a gift to begin with.
Q: From a fiqh perspective, who owns the house if the son paid for it and did not intend it as a gift?
A: From a legal (fiqh) standpoint, the house belongs to the son—except for the portion paid by the father, which becomes inheritance. The mother and siblings should acknowledge his right, and distribution of inheritance should only apply to the father’s share.
Q: Can a mother acknowledge her son’s financial contribution to the house and assign it to him?
A: Yes. If the mother knows the son paid for the house and wants to acknowledge his right, she can say, “This is your house,” and allow him to keep it. She may also allow him to pay off the father’s share (e.g., $20,000) to the siblings as inheritance.