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An order to transfer the matrimonial home absolutely to one party after a divorce under the Malaysian law: is it just and equitable?

A matrimonial home occupies a very important place in one married life. Not only it becoming more common for the family to buy their own house, but in many cases the matrimonial home is the most substantial assets of the spouse. Thus, it is undeniable fact that typically, matrimonial home is a major...

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Main Author: Ibrahim, Norliah
Format: Conference or Workshop Item
Language:English
Published: 2007
Subjects:
K Law (General)
KPG Malaysia
Online Access:http://irep.iium.edu.my/12111/1/2007_-_An_order_to_transfer_the_matrimonial_home_absolutely_to_one_part_after_a_divorce_under_the_Malaysian_law-_is_it_just_and_equitable_%28conference%29.pdf
http://irep.iium.edu.my/12111/
http://law.nus.edu.sg/asli/4th_asli_conf/index.html
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spelling my.iium.irep.121112012-11-02T02:35:19Z http://irep.iium.edu.my/12111/ An order to transfer the matrimonial home absolutely to one party after a divorce under the Malaysian law: is it just and equitable? Ibrahim, Norliah K Law (General) KPG Malaysia A matrimonial home occupies a very important place in one married life. Not only it becoming more common for the family to buy their own house, but in many cases the matrimonial home is the most substantial assets of the spouse. Thus, it is undeniable fact that typically, matrimonial home is a major asset, if not the only assets of the family. In pursuant to this, when the marriage breaks down, the parties will claim their share over the matrimonial home. There are few orders made by the court for the purpose of dividing the property including the order to transfer the matrimonial home to one spouse absolutely. Thus, the paper is trying to examine whether this order is just and equitable taking into account few factors inter alia that interest of the children and the willingness of the spouse to waive their share in other properties. This will include discussion on the relevant provision governing the division of the matrimonial property for non-Muslims in Malaysia and decided cases 2007 Conference or Workshop Item REM application/pdf en http://irep.iium.edu.my/12111/1/2007_-_An_order_to_transfer_the_matrimonial_home_absolutely_to_one_part_after_a_divorce_under_the_Malaysian_law-_is_it_just_and_equitable_%28conference%29.pdf Ibrahim, Norliah (2007) An order to transfer the matrimonial home absolutely to one party after a divorce under the Malaysian law: is it just and equitable? In: The 4th Asian Law Institute (ASLI) Conference "Voice from asia for a just and equitable world", 24-25 May 2007, Depok, Indonesia. http://law.nus.edu.sg/asli/4th_asli_conf/index.html
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic K Law (General)
KPG Malaysia
spellingShingle K Law (General)
KPG Malaysia
Ibrahim, Norliah
An order to transfer the matrimonial home absolutely to one party after a divorce under the Malaysian law: is it just and equitable?
description A matrimonial home occupies a very important place in one married life. Not only it becoming more common for the family to buy their own house, but in many cases the matrimonial home is the most substantial assets of the spouse. Thus, it is undeniable fact that typically, matrimonial home is a major asset, if not the only assets of the family. In pursuant to this, when the marriage breaks down, the parties will claim their share over the matrimonial home. There are few orders made by the court for the purpose of dividing the property including the order to transfer the matrimonial home to one spouse absolutely. Thus, the paper is trying to examine whether this order is just and equitable taking into account few factors inter alia that interest of the children and the willingness of the spouse to waive their share in other properties. This will include discussion on the relevant provision governing the division of the matrimonial property for non-Muslims in Malaysia and decided cases
format Conference or Workshop Item
author Ibrahim, Norliah
author_facet Ibrahim, Norliah
author_sort Ibrahim, Norliah
title An order to transfer the matrimonial home absolutely to one party after a divorce under the Malaysian law: is it just and equitable?
title_short An order to transfer the matrimonial home absolutely to one party after a divorce under the Malaysian law: is it just and equitable?
title_full An order to transfer the matrimonial home absolutely to one party after a divorce under the Malaysian law: is it just and equitable?
title_fullStr An order to transfer the matrimonial home absolutely to one party after a divorce under the Malaysian law: is it just and equitable?
title_full_unstemmed An order to transfer the matrimonial home absolutely to one party after a divorce under the Malaysian law: is it just and equitable?
title_sort order to transfer the matrimonial home absolutely to one party after a divorce under the malaysian law: is it just and equitable?
publishDate 2007
url http://irep.iium.edu.my/12111/1/2007_-_An_order_to_transfer_the_matrimonial_home_absolutely_to_one_part_after_a_divorce_under_the_Malaysian_law-_is_it_just_and_equitable_%28conference%29.pdf
http://irep.iium.edu.my/12111/
http://law.nus.edu.sg/asli/4th_asli_conf/index.html
_version_ 1643606577676025856
score 13.211869

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