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Law of Trust and the Beneficial Interest in Matrimonial Property

Zuraidah Ali, Norliah Ibrahim, Zuhairah Ariff Abd Ghadas and Shariffah Nuridah Aishah Syed Nong

Pertanika Journal of Social Science and Humanities, Volume 29, Issue S2, December 2021

DOI: https://doi.org/10.47836/pjssh.29.s2.08

Keywords: Beneficial interest, common intention, matrimonial property, property, trust

Published on: 17 May 2021

Beneficial interest at home is a very fundamental element of a marriage institution. When a couple ties the knot, wanting to spend the rest of their lives together, such relationship will give rise to many implications, be it legal or social. Such legal implications will continue throughout their lives not only as husband and wife, but will also become more apparent if the union between these two is broken. Hence, issues relating to distribution of property, especially matrimonial property, need to be handled as subtle as possible, alongside other ancillary claims such as maintenance and custody. The existence of both legal and beneficial interests in a property has enabled the court to resolve claims relating to ownership by looking at the existence of common intention to share beneficial ownership. Thus, this article examines the ways on how the court has utilized the concept of trust in dealing with disputed issues on matrimonial property. The study adopted a qualitative methodology where data were collected through library research. It analysed statutes, books, journals, reports, conference proceedings and other periodicals. The study concludes that the use of law of trust in the distribution of matrimonial property has become obvious since trust will be the best option to be used in resolving matters relating to any disputed property.

ISSN 0128-7702

e-ISSN 2231-8534

Article ID

JSSH(S)-1478-2021

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