Right of Pre-emption: Ruling on Pre-emption After Partitioning Jointly Owned Property

Practical Laws of Islam as per the teachings of Imam Khamenei

Right of Pre-emption: Ruling on Pre-emption After Partitioning Jointly Owned Property

English:

Question #1624:

Two people jointly bought some property whereby it was officially registered in their names. However, in a separate contract, they partitioned the property into two, each with its own boundaries. Has either party the right to exercise pre-emption over the property of the other partner, in the event of sale, by virtue of having an official document pointing to the joint ownership of the property?

Answer #1624:

If the sold share, at the time of sale, was clearly defined and demarcated as an independent one, the mere fact they are neighbors, it was one single property before, or they have only one legal document does not bring about the right of pre-emption.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Right of Pre-emption