Property division of unmarried cohabitants in Malaysia
There is no statutory framework to protect the property interests of unmarried cohabitants in Malaysia at the present time. Many couples engaged in unmarried cohabitation encounter issues relating to the division of property when a relationship breaks down, for example, because of separation or deat...
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| Format: | Article |
| Language: | English |
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Penerbit Universiti Kebangsaan Malaysia
2017
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| Online Access: | http://journalarticle.ukm.my/12988/ http://journalarticle.ukm.my/12988/1/26277-79262-1-PB.pdf |
| _version_ | 1848813151165874176 |
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| author | Buvanis Karuppiah, |
| author_facet | Buvanis Karuppiah, |
| author_sort | Buvanis Karuppiah, |
| building | UKM Institutional Repository |
| collection | Online Access |
| description | There is no statutory framework to protect the property interests of unmarried cohabitants in Malaysia at the present time. Many couples engaged in unmarried cohabitation encounter issues relating to the division of property when a relationship breaks down, for example, because of separation or death. A cohabitant who has contributed to a lesser financial degree, but who has made significant non-financial contributions is often economically disadvantaged when the relationship ends. Whilst the Law Reform (Marriage and Divorce) Act 1976 applies to married couples in the division of matrimonial property that takes into account both financial and non-financial contributions, this statutory right is not extended to unmarried cohabitants. For cohabitants, the common law principles of resulting and constructive trusts apply. The courts adopt a “functional approach” in recognising the relationship and the manner of dividing the property. Even though case law recognises unmarried cohabitation and their rights to the division of property, a statutory recognition is essential to provide a clearer guideline that would encourage consistent judicial outcome. This would protect the interests of unmarried cohabitants in Malaysia. |
| first_indexed | 2025-11-15T00:13:38Z |
| format | Article |
| id | oai:generic.eprints.org:12988 |
| institution | Universiti Kebangasaan Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-15T00:13:38Z |
| publishDate | 2017 |
| publisher | Penerbit Universiti Kebangsaan Malaysia |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | oai:generic.eprints.org:129882019-05-18T06:06:58Z http://journalarticle.ukm.my/12988/ Property division of unmarried cohabitants in Malaysia Buvanis Karuppiah, There is no statutory framework to protect the property interests of unmarried cohabitants in Malaysia at the present time. Many couples engaged in unmarried cohabitation encounter issues relating to the division of property when a relationship breaks down, for example, because of separation or death. A cohabitant who has contributed to a lesser financial degree, but who has made significant non-financial contributions is often economically disadvantaged when the relationship ends. Whilst the Law Reform (Marriage and Divorce) Act 1976 applies to married couples in the division of matrimonial property that takes into account both financial and non-financial contributions, this statutory right is not extended to unmarried cohabitants. For cohabitants, the common law principles of resulting and constructive trusts apply. The courts adopt a “functional approach” in recognising the relationship and the manner of dividing the property. Even though case law recognises unmarried cohabitation and their rights to the division of property, a statutory recognition is essential to provide a clearer guideline that would encourage consistent judicial outcome. This would protect the interests of unmarried cohabitants in Malaysia. Penerbit Universiti Kebangsaan Malaysia 2017 Article PeerReviewed application/pdf en http://journalarticle.ukm.my/12988/1/26277-79262-1-PB.pdf Buvanis Karuppiah, (2017) Property division of unmarried cohabitants in Malaysia. Jurnal Undang-Undang dan Masyarakat, 21 . pp. 15-26. ISSN 1394-7729 http://ejournal.ukm.my/juum/issue/view/1100 |
| spellingShingle | Buvanis Karuppiah, Property division of unmarried cohabitants in Malaysia |
| title | Property division of unmarried cohabitants in Malaysia |
| title_full | Property division of unmarried cohabitants in Malaysia |
| title_fullStr | Property division of unmarried cohabitants in Malaysia |
| title_full_unstemmed | Property division of unmarried cohabitants in Malaysia |
| title_short | Property division of unmarried cohabitants in Malaysia |
| title_sort | property division of unmarried cohabitants in malaysia |
| url | http://journalarticle.ukm.my/12988/ http://journalarticle.ukm.my/12988/ http://journalarticle.ukm.my/12988/1/26277-79262-1-PB.pdf |