🚪 Divorce, ʿiddah & rujuk · #158

The house belonged to my husband before we married, but I improved it a lot. Can it count as harta sepencarian?

Yes, if the improvement was substantial and happened during the marriage. Act 303 s.122(5) says that assets acquired during a marriage include assets owned by one party before the marriage that have been substantially improved during the marriage by the other party or by their joint efforts. So a house first owned by the husband is not automatically excluded. What must be proved is the improvement itself: renovation receipts, payments to builders, loans you repaid, and witnesses who know of it. The court weighs the extent of your contribution, not intention alone. State enactments have the same provision, though the numbering may differ. See Harta sepencarian.

Sources

Act 303, s.122

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Related questions

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This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

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