Fighting For Matrimonial Home In Husband’s Name During Divorce Proceedings In divorce proceedings, competent and experienced lawyers are able to assist women to fight for a share of matrimonial assets acquired during marriage. Even if the property has been registered in the name of the husband, this does not mean that a divorced wife could not have a share in the said property. The court has power to order division of matrimonial assets under section 76(3) of the Law Reform (Marriage and Divorce) Act 1976 in respect of assets acquired during the marriage by the sole effort of one party or proceeds from the sale of such assets. Further, section 76(1) of the Law Reform (Marriage and Divorce) Act 1976, inter alia, gives power of the court to order division of any assets acquired during the marriage by their joint effort, or the proceeds from the sale of such assets. So women, it is not the end of the road for you to have a share of the properties acquired during the marriage even though they could be registered in the name of your husband alone. What Is Taken Into Consideration? For division of property, the court is empowered under […] read more 
“I am divorcing my husband. Can I get his share of matrimonial property?”
Fighting For Matrimonial Home In Husband’s Name During Divorce Proceedings In divorce proceedings, competent and experienced lawyers are able to assist women to fight for a share of matrimonial assets acquired during marriage. Even if the property has been registered in the name of the husband, this does not mean that a divorced wife could not have a share in the said property. The court has power to order division of matrimonial assets under section 76(3) of the Law Reform (Marriage and Divorce) Act 1976 in respect of assets acquired during the marriage by the sole effort of one party or proceeds from the sale of such assets. Further, section 76(1) of the Law Reform (Marriage and Divorce) Act 1976, inter alia, gives power of the court to order division of any assets acquired during the marriage by their joint effort, or the proceeds from the sale of such assets. So women, it is not the end of the road for you to have a share of the properties acquired during the marriage even though they could be registered in the name of your husband alone. What Is Taken Into Consideration? For division of property, the court is empowered under […] read more Defamation, What you need to know
Malice in Defamation, What Do You Know About Malice? To what most people could understand, malice is a nasty feeling of wanting to hurt another person. In legal application, the term malice is very comprehensive and applies to any legal act that is committed intentionally without any just cause or excuse. There is no need to show personal hatred or ill feelings, but, the most important element is the state of mind, that is, reckless disregard of the law in general and of the legal rights of others. For example, a person can be liable for malice by slandering another who is a non-drinker an alcoholic in front of his or her friends or colleagues. By labeling that person as an alcoholic, the person’s feeling can be hurt, whether or not you indeed are aware would harm him. Your simple act of recklessness can cause you into trouble! There is no need for any definite intent to do harm! This is contrary to nasty feeling of wanting to hurt someone! So, when with friends, especially with strangers in the presence of others, one needs to be careful in one’s speech. When the person’s feelings are hurt, he can accuse you […] read more What is Developer Interest Bearing Scheme (DIBS), the term used when buying property from a certain developer?
Question: Could you explain to me what is DIBS? Is it really buyer don’t need to pay a single cent to developer? Answer: DIBS means “Developer interest Bearing Scheme”. Our basic understanding is (a better clarification and explanation can be made by a banker or developer) if you purchase a property under construction from a developer, let’s say Developer A which has DIBS, Developer A will bear the interests of the loan during the construction period. Make it simpler, You purchase your property for RM 300,000.00. You pay Developer A a minimum of RM 15,000.00 (as down payment of 5%, sometimes this can be 10% or more depending on your loan) and you borrow from a bank for the remaining RM 285,000.00. You opt for interest only loan package from the bank (that means, you only pay the interests but not the principal of the loan during the construction period). Under DIBS, Developer A will pay the monthly interests until completion of the property. In other words you don’t have to pay anything to the bank until construction completes. You only start paying the bank instalments after completion of the property. So, you only pay RM 15,000.00 and […] read more
Have you been maliciously prosecuted in Court?
“It Was Malicious Prosecution! See you in Court!” Sitting in a coffeeshop, a man who was seen very angry told his friends who were having some drinks with him that he wanted to sue the police officer who brought embarrassment to him by bringing him to court after both argued over a parking space. This man said, “I wanted to park at the parking space, suddenly the police officer, who at that time was not in uniform, stopped my car from parking my car at the parking space. I only came to know he was a police officer after he handcuffed me in the presence of wife. There was a big curious crowd at that time and I was very embarrassed and helpless.” One of his friends sitting with him then asked, “Why not you say that he had no authority to stop you.” “How can I?” the man replied, “He was a police officer! The police officer said he had reserved the parking space for his girlfriend who would be coming on the way soon! Another friend after some vulgar words by him said “You must teach this police officer a lesson! He had abused his power!” The friend […] read more 20 Tips to Increase the Success of Your Home Loan’s Application
Update: Corrected the formula for Net Income calculations. Credit to www.propertywtf.com Loan’s application declined to RM45.26bil from RM47bil! The Bank Negara had showed on their website that loan approvals’ percentage for residential properties in the country declined to 46.8% in the first half of this year from 50.1% during the same period in 2011. While the application for loans for residential properties purchases increased by 2.9% but the actual loans approved during the six-month period declined to RM45.26bil from RM47bil in the same period in 2011. This is evident when our clients have to resort to different banks when they buy their properties and this prolonged the property transactions period. Why declined and how it is assessed? One of the reasons for the increasing numbers of bank loan disapproval is because of the recent change of policy by Bank Negara to use Net Income instead of Gross Income of borrowers in approving loans. From our recent meeting with a local bank manager on this policy, he explained that if a person: Has a salary/total income of RM3,000.00 a month (after deductions of EPF and SOCSO) Has a car commitment of RM500.00 a month Other commitments of RM1,000.00 a month (house, […] read more ARRESTING A SHIP! DARE YOU?
How to arrest a ship? When a claimant’s goods on a ship is damaged during shipment to the claimant’s destination or if the claimant feel that there is a valid maritime claim and seek to arrest the ship, the claim need to be filed in soonest possible in court. An affidavit to support the claim must be filed to court before a warrant to arrest the ship be issued. The affidavit must consist of a written statement of facts and belief with the sources and grounds thereof giving rise thereof of evidential requirement for the arrest of the ship. At the same time the affidavit must also state certain specified details, such as the nature of the claim and bare assertions are not sufficient – see The Courageous Colocotronis [1978] 2 MLJ 184. The affidavit must also state the parties’ details and the name of the ship to be arrested. There must also be a full and frank disclosure of all material facts for the issue of the writ and warrant of arrest. – see The Hoe Lee 1 MLJ 45; The Andria [1984] 1 All ER 1126. If it is found that the claim is valid, the court may […] read more 