Buying partner's share if its value has increased

17-11-2005 | IslamWeb

Question:

I bought a house with another brother we share it I have 75% and the other brother owns 25% of the house, after a year the brother wants to buy another 25% so we become equal share 50-50% of the house. The house value has increased. How much the brother has to pay me? Is it 25% of the current value or 25% of my share of the house? Could you please clarify it in detail? The house value was 100,000 when we bought it, I paid 75,000 and the brother paid 25,000, now the house value is 150,000 how much the brother needs to pay me to become equally sharing the house 50-50.

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Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

 

If you wish to sell a portion of your share to your business partner, you may do so according to the price on which you both agree. If you want to sell it according to the present price in the market then you may do so, and if you wish to sell it to him according to the price with which you bought it, you may also do so. However, you are not obliged to sell it to him with the same price you purchased it. This is a trade contract on which both parties agree like all other contracts. If you want to sell it according to the present price in the market and the value of the house in the market is 150,000, then he has to pay you 37,500 i.e. a quarter of the value of the house, and so he will possess half of the house and you will possess the other half.

Allaah Knows best.