Legal dilemma of joint ownership by married couples for purchase of a house under private lease schemes in Malaysia

• Main Authors: Syed Abdul Kader, Sharifah Zubaidah, Mohd. Noor, Zemilah
• Format: Book Chapter
• Language: English
• Published: Jabatan Kehakiman Syariah Malaysia & AIKOL, IIUM 2021
• Subjects: K720 Property Law
• Online Access: http://irep.iium.edu.my/89741/1/89741_Legal%20dilemma%20of%20joint%20ownership%20by%20married%20couples.pdf; http://irep.iium.edu.my/89741/

A married couple may decide to purchase a house as their matrimonial home. To legally own the house together, both their names should appear on the document of title as co-proprietors. In such case, the vendor will transfer the title into the names of both, husband and wife to hold in equal undivided shares and a co-proprietorship is created. Several housing schemes in Malaysia have begun moving towards selling private leases of houses. Instead of purchasing the house, the couple purchases a lease of the house. In such a case, the couple may not be able to create a co-proprietorship over the house as there is a legal barrier to this under section 225(2) of the National Land Code 1965. Through qualitative research method, incorporating legal doctrinal and practitioner anecdotal analysis and case studies, this paper examines the concepts of matrimonial home, co-proprietorship, private lease and explores the reason for this legal dilemma. It identifies three different models of private lease schemes and determines whether or not a co-proprietorship may be created under the respective models. It then recommends reform of legal provisions and conveyancing practice to address such dilemma.