DIVORCE-4

WHO HAS THE RIGHT & INTEREST OVER MATRIMONIAL PROPERTY?

In a joint petition, both parties can mutually agree to propose any arrangement to divide or transfer the property.

In a single petition, either party can make application for the division of matrimonial property. If the property is acquired by the sole effort of the party, the court may divide the property as the court thinks reasonable. The party upon whose effort the assets were acquired will receive a greater proportion. If the property is acquired by joint effort, the court may divide the property as the court thinks reasonable after considering factors like the extent of the contributions made by each party.

 This is known as "Harta Sepencarian" in Malaysia. Under the present law, the husband cannot claim that his wife was only a housewife and he bought the house all by himself with his hard earned money.The wife is entitled even though she stayed at home bringing up the kids and doing the housework.