Q: I understand that assets need to be owned individually to work out debt (e.g. our shared account is now considered my account), but I was wondering if the same applies to debt. As a couple we have had debt for a few years, including owing family members and a mortgage. Does that debt need to be attributed to one of us or is it a shared debt? If it needs to be attributed to an individual, can we split it between us? Jzk for taking the time to do all this, you are doing the Ummah a great service. May Allah accept.
A: If you had taken the debt with a joint liability, then it will be 50/50. Otherwise, only the person who took on the debt can deduct it.
And Allah knows best1
Mufti Faraz Adam