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Pertanika Journal of Social Sciences & Humanities
Article . 2021 . Peer-reviewed
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Pertanika Journal of Social Sciences & Humanities
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Law of Trust and the Beneficial Interest in Matrimonial Property

Authors: Zuraidah Ali; Norliah Ibrahim; Zuhairah Ariff Abd Ghadas; Shariffah Nuridah Aishah Syed Nong;

Law of Trust and the Beneficial Interest in Matrimonial Property

Abstract

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.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
gold