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Separated spouse rights?

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asked on Aug 29, 2021 at 13:21
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edited on Aug 29, 2021 at 13:47
by   houlierr
My cousin brother (non Muslim) has passed away unexpectedly. 

He has a wife and they have been separated for 2 to 3 years and have a daughter as well. No divorce proceedings have taken place. They also live in different states. 

He has a house in his name which still has a loan that he has been paying monthly. His mother (my aunt) stays there by herself as my cousin is in a different state. 

1. Does the wife have a claim over the property? She has not contributed to the monthly payments and has not lived in this house since they were separated? 

2. Does the wife also have a claim over EPF / insurance payment etc?

Thanks in advance. 
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answered on Aug 29, 2021 at 15:17
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edited Aug 29, 2021 at 16:25
by   jeff005
@ houlierr

Personal interpretation /perspective on Marriage Laws

Separated spouse  =  still wife right?

Couples can live separated f0r 10-20 years yet not divorced.

Even if a divorce judge decreed that the marriage is over, until the dekri nisi absolute has been issued (after 3 months), either party can contest the dissolution of the marriage.

They also live in different states. 
Does long distance relationship matters due to work commitments?

has a loan
If it is a bank housing loan, upon a houseowner death, there should be one insurance in place (MRTA) of which the balance of loan will be paid by the insurer.

1. Does the wife have a claim over the property?
No need to claim. It is hers now.

2.  She has not contributed to the monthly payments and has not lived in this house since they were separated? 
These are personal arrangements between the two couple, no reference to marriage laws, unless it is specific /specified via a legal WILL. 

Even if the wife's name is not in a The WILL, she can contest any abnormalities or injustices, by the application of Laws Of Torts. The biological daughter should not be deprived of any inheritances.

3.  Does the wife also have a claim over EPF / insurance payment etc?
EPF payments as well as Life Insurances claims /payments (incl PERKESO) is to the named "nominee"----> ONLY

In the event of no nominees or death of a nominee, the next-of-kins, will have to apply to the High Court for a part /portion of the deceased estate according to Civil Laws. (Note that Muslims Al Farid Laws is slightly different).

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