# Inheritance Law



## Deeana (Jul 13, 2008)

I am married to a Catholic Egyptian, in the Catholic Church: our marriage took place in a church in Aden. I am wondering what the inheritance laws are should he die. We have property in Cairo. There are no natural children of the marriage, and he has one brother, no living parents and no other children. Can anyone help? 
Thanks


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## Guest (Dec 12, 2013)

Hi Deeana - I'll try to help you with what I know from my experience. You'll probably want to consult with an inheritance attorney in Cairo to be sure. 

We also have property together in Egypt in the 6th of October city and I've asked about this similar thing years ago when we first got married. 

The laws governing a property in Egypt go by Egypt's laws. The laws may have changed since then, due to the writing of a few new constitutions, so my advice may be dated. However, both new constitutions included Islam as the official religion of Egypt so I don't think it changed to much.

Basically, the family laws in Egypt are under Islamic shariah law, which covers inheritance among other things. 

Traditionally inheritance and property is managed by the bloodline patriarch which is a father or brother. Blood relationships are more entitled to inheritance.

My name isn't on our property and in our case it seems we have more living relatives than you do so it would be divided more among his family unless we had children. When I asked about inheritance the family let me know that I'm entitled to one 1/8th inheritance to our property if my husband passes.

Unless your name is on the property and/or you have something written up formally in Egypt stating that the transfer of the title of the property goes to you as his Wife then it would go accordingly I assume.


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## Deeana (Jul 13, 2008)

Thanks for that Zaytoona. I have suspected that such was the case for a while, although my husband denies it, and says I will automatically inherit, as I am his wife. He has refused to put my name on the property papers, and although I think it might have been from ignorance of the law and sheer stupidity it still comes to the same thing if Sharia law applies when he dies. 

I'm in a dire state legally really, because I'm not even sure my marriage would be recognized as legal, in Egypt especially but anywhere else really too! It took place in a Greek Catholic Church in Aden and was never formalized in Egypt or anywhere else with any kind of civil marriage. 

I have no idea how to contact a lawyer who would know about Egyptian law. I live in England at the moment but my marriage is on the rocks. Oh woe is me!!!!


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## Guest (Dec 13, 2013)

Sorry to hear about your situation. You'd use google to find english speaking inheritance attorney's, or ask for recommendations from people for a good one.

I know that Egypt as a muslim country would honor a religious marriage if it's muslim and the couple has documentation from the imam. However, I don't know if they'd recognize a religious document from a catholic church. Anyways in a divorce without children I don't think you''re entitled to any inheritance of property, especially without some form for civil documentation at least.

The only way I know of that you would automatically inherit the entire apartment is if you had a child with him and lived there. Sometimes Egyptian women can abuse their rights by marrying a man and having a child with him just to divorce him shortly after to get the apartment. Courts rule in the mother's favor and tell the father's sorry you have to go somewhere else. I don't know why the mother would want to stay where they're not wanted when the father's place is usually part of a series of apartments in the family's building, but getting a place to themselves is sometimes the goal. God forbid if we ever divorce without having children I expect nothing from him or the family.


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## Deeana (Jul 13, 2008)

My God, I had no idea it was so awful there. We've been married since 1991 but I haven't ever really understood the family dynamic - his two brothers are Copts (one since lately deceased) but none of the women speak English properly and even if they did I don't think they would talk to me about anything like that. I think I need to get him to write a will. But I have pretty much given up on the Egyptian property if I do go ahead and separate from him. Oh boy, what a mess! Thanks for your input!


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## Guest (Dec 14, 2013)

Oh dear that's nearly 22 years of marriage without getting to the bottom of it. I was considering your situation further and I think you're right in that Egypt wouldn't recognize your marriage without a civil contract, because the only place a foreigner is considered legally marriage in Egypt is through a civil contract at the Ministry of Justice. So why wouldn't it be the same elsewhere right? They do have the orfi marriages but that's not even considered the official forms until it's registered. You could attempt to get the documentation through the catholic church you married in if it's still available and register it but I think your husband would suspect something's up. Then again if you're willing to get him to write up a will make sure it's through Egypt in regards to the property. You may raise hell through the family but if it's been this long who could complain honestly? I hope it works out the best for you.


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## expatagogo (May 31, 2010)

If the marriage was legal where it took place, it's legal in Egypt.

Also, contrary to the misinformation in the above posts, FAITH guides personal laws, which also includes inheritance. No changes in any constitutions or whatever other hoop-teei-doo has gone on since the Revolution have changed this.

You'd be in a pickle if you were a non-Muslim married to a Muslim because you would inherit nothing. But this is a Christian-Christian marriage, so the laws of his church would apply in Egypt. If he's Coptic (and he probably is), the Coptic church and only the Coptic church could answer that question.

Regardless of religion, you are entitled to what was promised in your marriage papers upon his death.


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## Deeana (Jul 13, 2008)

Thank you for that information expatagogo. It sounds logical and matches with what he says is the case. We were both married in the Catholic Church btw, he's not Coptic, we are both Catholic. It's a thoroughly odd situation, hard to describe his attitude and how the whole thing will pan out. A will is completely not on the cards, he refuses point blank to discuss anything with me. He said he'd sooner have all his assets go to an animal home than have me on his will. And then he said that next time we go to Egypt he'll transfer everything into my name. He sounds crazy, doesn't he. I do sometimes wonder about his sanity. We will see what happens this year. Thanks again both for the input. Happy New Year to everyone.


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