Forced to live in the same house with her ex-husband
16-12-2008 | IslamWeb
Question:
Assalam Alaikum,
I have been divorced by my husband two times before 5 years, since then I have had no marital relation with him. I heard that in two divorces if there is no marital relation for three consecutive months, the marriage will be void. I have informed my father about this as I have no other family members here. Instead of asking my husband, my father stopped him talking about it and told me that it is not happened and forced me to stay in the same house. Till then I am staying in the same house but in separate room. I went to my country and tried for help from my and his family members but they have threatened that if I don’t go with this man they will keep me undivorced for the rest of my life and let him marry again. I am an educated and a professional lady but I avoided court because I wanted to solve this matter mutually. My husband is an ignorant person, his treatment is very bad. I am totally confused what to do and where to go for help. Kindly help me take the decision. Is this marriage still valid or I am separated. If I am separated then I have two choices either re marry or go back home. If I go back home they will either kill me or treat me as a piece of junk. And if I choose to remarry no one from my family will approve it.
Seeking your assistance.
Jazzak Allah.
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.
When the waiting period of a woman expires from a revocable divorce and her husband did not take her back during the waiting period neither by telling her that he is taking her back, nor by doing actions which may suggest that he took her back like having sexual intercourse or kissing, then she becomes revocably divorced from her husband. Therefore, if nothing of the above happened between you and your husband, then the marital bond between you and him came to an end; for more benefit, please refer to Fatwa 82541.
If you wish to go back to him and you hope that his affairs will improve, then a new marriage contract between him and you may be conducted. However, if you do not wish to go back to him and your father does not want to marry you off to someone else, then you may take the matter to a Muslim judge in the country where you reside so that he may marry you off to a suitable and righteous man; for more benefit, please refer to Fatwa 86196.
It should be noted that if a woman is revocably divorced from her husband, it is not permissible for her to reside with him in the same house, and if she needs to stay in the same house, then this is permissible provided that each one of them has his own separate amenities. For more benefit, please refer to Fatwa 96286.
Allaah Knows best.