A legal question often arises as to whether a divorced custodial mother’s ownership of an undivided (common) share in a residential apartment deprives her of the right to claim a housing allowance for the children.
Judicial Position
If the divorced custodial mother resides in:
- The first floor of a two-storey house,
- Occupying an apartment consisting of one room, a kitchen, a bathroom, and a living room,
- Where the apartment is owned by her father,
- Has not been legally partitioned or subdivided to date,
- And she owns a co-ownership share as one of the legal heirs,
And since the custodian:
- Is able to exercise custody of the child in that apartment,
- Faces no dispute or opposition regarding her residence,
- And enjoys the right of use and benefit as a co-owner,
Then, in such circumstances, she is not entitled to claim a housing allowance, as suitable housing is already available to her without incurring additional rental costs.
Judicial Reference
- Amman Sharia Court of Appeal Decision No. (2022/2562)