Dividing Marital Property in a Divorce — Fairly
Understand the difference between marital property and personal property, the principles for dividing assets on divorce, and how shared debts are handled.
One of the most important issues in any divorce is the division of property. Understanding which assets are marital property and which are personal property helps you protect your rights.
What is personal property (Sin Suan Tua)?
Under the law, personal property includes:
- Property either spouse owned before the marriage
- Property acquired during the marriage by inheritance or gift
- Personal effects and tools of one’s profession
- Property that is a token of being single
Personal property is not divided on divorce.
What is marital property (Sin Somros)?
Marital property includes assets acquired during the marriage, such as:
- Salary, income, and profits earned from work during the marriage
- Property acquired during the marriage that does not fall within the personal-property exceptions
- The fruits of personal property (e.g. rent from a personally owned asset)
The principle of division
In principle, when a marriage ends, marital property is divided equally between the spouses, regardless of who earned more. In practice, agreements or particular facts may lead to a different outcome.
Shared debts
Debts incurred for the family or for shared benefit during the marriage are generally treated as joint debts for which both spouses are responsible. Examining the origin of a debt is as important as dividing the assets.
Tips for getting ready
- Make a clear inventory of all assets and debts.
- Keep evidence of how each asset was acquired (to prove whether it is personal or marital property).
- Obtain current valuations of the assets.
- Consult a lawyer before signing any property-settlement agreement.
A fair division starts with correctly classifying the property. If there are high-value assets, land, or a business, consult a lawyer to plan ahead.