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Properties entitlement for foreigner applying for a divorce with Malaysian

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asked on Jan 29, 2018 at 15:49
by   Lewis95
edited on Feb 25, 2018 at 04:11
 
There is a lady from China lady who wants to apply divorce with her Malaysian husband after she got to know that her husband is having affairs with many different ladies. Her husband is a loan shark and has many properties bought during their marriage but registered under the name of his family members. She wants to know whether she can get maintenance after the divorce and how long is she entitled to maintenance. From my understanding, the maintenance will be payable to the divorcee until her next marriage but what about foreign divorcee?

She also wants to know whether she is entitled to the properties which are bought by her husband and registered under the name of his family member?
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5 Answers

answered on Jan 29, 2018 at 20:49
by   vkpc
Tell us more about yourself, not about some China girl.
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answered on Jan 29, 2018 at 23:18
by   Lewis95
edited Feb 25, 2018 at 03:46
 
Dear vkpc,

Do you mean know more about me? I am a Malaysian and am currently doing my law degree in KL. This Chinese lady is my neighbor and sought for my advice as she doesn't know any lawyer in Malaysia. She is afraid to meet a lawyer and I am not sure about the reason.

In my opinion, she can get the maintenance from her husband after divorce and until her next marriage. And the maintenance will cease to be payable to her after she returns to China because she will no longer be governed under the Malaysian law. Am I right?

Next, she is not entitled to the property which was registered under the name of her husband’s family member because the property does not belong to this couples under the law although her husband is the one who paid to purchase the property.

Please correct me if I am wrong because I do not wish to mislead others in making the wrong decision.
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answered on Jan 30, 2018 at 06:21
by   jeff005
edited Feb 25, 2018 at 03:57
 
Questions:
What happens if she does not remarry but became another rich man mistress? Still get maintenance? How would she remain in Malaysia after her divorce? Immigration laws do not apply? How to divorce if she has already overstayed in Malaysia? Any child born here?

Think out of any box...

after she returns to China because she will no longer be governed under the Malaysian law. Am I right?
Correct.. however if there is a child, she is still tied down by some Malaysian laws unless she renounces her rights to the child.
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answered on Jan 30, 2018 at 23:37
by   jeff005
edited Feb 25, 2018 at 04:12
 
She is afraid to meet a lawyer and I am not sure about the reason.
She has possibly overstayed and no lawyer can help her.

I do not wish to mislead others in making the wrong decision.
Dealings against loan sharks are very dangerous if given wrong or even correct advice.

She also wants to know whether she is entitled to the properties which are bought by her husband and registered under the name of his family member?
Even after Divorce, wants a share??? Best let her handle their own affairs!
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answered on Feb 1, 2018 at 17:46
by   Lewis95
edited Feb 25, 2018 at 03:53
 
Dear jeff005,

This lady doesn't have any child during this marriage.

Thank you so much for the replies.
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