Ownership of an asset registered in the name of another

1) Can I ask for it back at a later stage?

If you intended to make a gift (hiba) of the property to your wife at the time of purchase, then the property legally becomes hers, and you do not have the right to reclaim it. In Islam, a gift once given and accepted cannot be revoked except in very limited circumstances.

However, if you did not intend to gift the property to her but merely used her name for convenience or business reasons while maintaining your ownership, then the property remains yours. In such a case, you can request the property back at any time, and your wife is obliged to transfer it back to you.

2) What if I pass away? Will that property form part of my estate?

If the property was intended as a gift to your wife and she accepted it, it will be considered her property. In the event of your death, it will not form part of your estate but will remain with her.

Conversely, if the property was not intended as a gift and remains under your ownership, it will form part of your estate upon your passing. The property will then be distributed according to the Islamic laws of inheritance, where your wife, children, and other eligible heirs will receive their prescribed shares. (Fiqul Buyoo 1: 404)

To ensure clarity and avoid any disputes, it is recommended to document your intentions explicitly in writing.

And Allah Ta’ala Knows Best