Unbreakable Possessions - The Battle Begins

Divorce is a difficult and emotional process that can be overwhelming for any couple. In Malaysia, not only do couples have to navigate the legal and emotional complexities of divorce, but they also have to consider the distribution of their assets, including their property. How is property divided in a Malaysian divorce?

Malaysia practices the civil law system, which means that property distribution is governed by the Civil Law Act. When a couple divorces in Malaysia, their assets are divided according to the principle of “equitable distribution” - which means that the property will be split fairly based on each spouse’s contribution to the marriage.

For example, if one spouse has made a larger financial contribution than the other, they may be entitled to a larger share of the property. Similarly, if one spouse has taken care of the children and the home, they may be entitled to compensation in the form of a larger share of the property. This may also apply to property that belonged to one spouse before marriage.

It’s not just the value of the property that is taken into consideration. Any outstanding debts or mortgages on the property will also be considered. In situations where division is not possible, the court may have to decide on the distribution.

It’s important to note that this process can be time-consuming and expensive if the couple is unable to reach an agreement on their own. It’s recommended that couples seek the advice of a lawyer experienced in Malaysian property law to help them navigate the process.

 Divorce can have significant implications for the division of property. While it can be a challenging and emotionally draining process, understanding the legal implications of property division in Malaysian divorces can help couples make informed decisions about their future.