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Divorce Guide

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Property Division Factors Guide Malaysia

Answer four quick questions to see which factors the court is likely to weigh when dividing your property. No split is calculated.

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Answer four quick questions. This shows which factors a court is likely to look at when dividing your property. It does not give a split or a value.

Is there a family home to deal with?
Was any asset owned before the marriage, or inherited or gifted to one spouse?
Did one spouse mainly look after the home or children?
Are there loans or debts on the assets (such as a home loan)?

Answer every question to continue.

How this works

How does the court divide property?

Under Section 76 of the Law Reform (Marriage and Divorce) Act 1976, when the court grants a divorce it can divide assets gained during the marriage, or order them sold and the money split.

Since the 2018 changes (in force 15 December 2018), the court can divide any assets acquired during the marriage. It weighs each spouse’s contributions in money, property or work, including paying family expenses, and the contribution of looking after the home or caring for the family.

What the court weighs

The court looks at:

  • how much each of you put in, in money, property or work
  • how much each of you contributed by looking after the home or caring for the family
  • debts either of you took on for your joint benefit
  • the needs of any children under 18
  • how long the marriage lasted

After weighing these, the court leans towards equal shares, but there is no automatic 50/50 rule.

What counts as matrimonial property?

It can include the family home, cars, savings, investments and EPF gained during the marriage.

Assets owned before the marriage usually stay out, unless the other spouse, or both of you, substantially improved them during the marriage. Gifts and inheritance may also be treated differently.

Looking to engage a divorce lawyer? If you want to know how the court might view your contributions, request independent lawyer contact via WhatsApp: Request Lawyer Contact. For general information, use our guides and tools.

Frequently asked questions

Is property always split 50:50?
No. The court leans towards equal shares after looking at each spouse's contributions (including looking after the home), joint debts, the children's needs and the length of the marriage, but it is not automatic.
Does property I owned before marriage count?
Usually not, unless your spouse, or both of you together, substantially improved it during the marriage (Section 76(5)).
Is this tool free?
Yes. It is free and gives general information, not legal advice.

Related guides and tools

How Is Matrimonial Property Divided in Malaysia?

How matrimonial property is divided in a Malaysian divorce under Section 76 of Act 164: what counts, how contributions are weighed, and how to prepare.

Annulment of Marriage in Malaysia

Annulment of marriage in Malaysia under the LRA 1976: the grounds for a void or voidable marriage, how to apply, and what happens to your children.

Business Assets in a Malaysian Divorce

How business assets are divided in a Malaysian divorce under Section 76 of the LRA 1976: what counts, how a business is valued, and how to stop assets being hidden.

Looking to Engage a Divorce Lawyer?

For people seeking legal representation. For general information, use our guides and tools.

Request Lawyer Contact