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Given that my parents are divorced, my father is now married to another woman. They are currently residing in a rental property. I am interested in purchasing a house with my father as a co-owner so that I can take care of him, with the lady he married as an occupant. In the event of his death, would the woman have a claim to my father's share of the assets? Would this situation require me to sell the house? Can I draft a will specifying that I will be the sole owner of the house? - Also I'm Muslim, there would be other complications to this as well. Appreciate any kind advice out there.
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4 Answers

Hi, you should be able to retain full ownership of the unit, of course subject to eligibility. Of course you can draft a will on your dad behalf to ensure this is correct. The best situation is to check with a lawyer as they are the experts in this aspect. You mentioned that you are a muslim, which means this might be handled under the Syariah Law if there is no will, so you will have to ensure there is a will. A lawyer will have the best advise and smooth process for you.

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You must first be eligible to own a HDB as an individual in the event of your dad's demise in future, before you look into. whether will your dad's current wife be entitled to take over his share of the property. As it also involves Syariah law, which operates differently from others, this can be perhaps best answered by a lawyer who can advise you better.

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Co-Ownership with Father:

Shared Ownership: Purchasing the house with your father makes you co-owners. You'll share legal rights and financial obligations.
Wife's Rights:

Muslim Inheritance Law: In Singapore, Islamic inheritance law applies to Muslims. Your father's wife has a mandatory share of his estate upon his death, including a portion of the house (unless she waives her rights through a prenuptial agreement).
Will's Role:

Limited Impact: A will can specify your wishes for your own assets, but it cannot override mandatory inheritance rights under Islamic law.
Recommendations:

Consult a Legal Professional: Given the Muslim inheritance law and your specific goals, consulting a qualified lawyer specializing in Syariah law is crucial. They can advise on the legal implications, potential co-ownership structures, and drafting appropriate agreements to protect your interests.
Open Communication: Have open communication with your father and his wife regarding expectations and financial responsibilities related to the property.
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Co-Ownership with Father:

Shared Ownership: Purchasing the house with your father makes you co-owners. You'll share legal rights and financial obligations.
Wife's Rights:

Muslim Inheritance Law: In Singapore, Islamic inheritance law applies to Muslims. Your father's wife has a mandatory share of his estate upon his death, including a portion of the house (unless she waives her rights through a prenuptial agreement).
Will's Role:

Limited Impact: A will can specify your wishes for your own assets, but it cannot override mandatory inheritance rights under Islamic law.
Recommendations:

Consult a Legal Professional: Given the Muslim inheritance law and your specific goals, consulting a qualified lawyer specializing in Syariah law is crucial. They can advise on the legal implications, potential co-ownership structures, and drafting appropriate agreements to protect your interests.
Open Communication: Have open communication with your father and his wife regarding expectations and financial responsibilities related to the property.
--
IF you Need Further Help For Property such as Renting / Selling / Buying or Investing ,...

I am Sorry that This platform does not allow me to direct contact you.

To further assist you, please feel free to contact me via WhatsApp at 9856 9255  or through this link: https://wa.me/6598569255.

My services come with no obligations, and I'm here to help with any questions or assistance you need.

You can check out my reviews here: https://www.propertyguru.com.sg/agent/able-s-k-toh-61591.

For buyers, I offer solutions for sourcing resale and new private homes at no charge.

I can connect you with reputable bankers for private housing loans free of charge and with no obligation.

I also have partners to assist with mortgage home insurance matters.

Let's seal this affinity by technology; please PM me your contact for assistance with your real estate needs. So, I believe in Affinity (Chinese word: 缘份) :), let's SEAL this AFFINITY Not by blood but by Technology > Please PM, Private Message your contact so that I CAN BE (EXTRA) PAIR OF HANDS / BRAIN and LEGS to Assist you NOW or FUTURE REAL ESTATE NEEDS!

*** You can reach me at my Singapore mobile: +65 9856 9255  or email me at Able.selling@gmail.com.

From: ABLE Toh- Your Property ASSISTANT :)

“ i am ABLE to Help As Much As You are ABLE To PM (Private Message) me ”

XXXXX The END XXXXXXX Read More
2

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