Marital Property or Sin Somros are all properties and financial assets acquired by a couple during their marriage. These are ordinarily used by them and their children while they are living together. It generally consists anything about their shelter or transportation, or for household, educational, recreational or social purposes.
Anything that belonged to one spouse before the marriage is Non-marital property or Sin Suan Tua.
The concern on property division does not usually arise during the marriage, but when a couple decides to separate. Upon divorce, there will be an equal division of the marital property between spouses.
Any property acquired by either spouse during marriage through a will or gift is a personal property.
Each spouse is the manager of his or her own Sin Suan Tua. It consists of:
Sin Somros consists of:
In managing the Sin Somros in the following cases, both have to be a joint manager or one spouse has to obtain consent from the other in the following circumstances:
One spouse may manage the Sin Somros in any case other than those mentioned above without having to obtain consent from the other.
If the manager is going to commit or is committing any act in the management of the Sin Somros which would appear to result in an undue loss, the other spouse may apply to the Court for an order forbidding commission of such act.
If either spouse who is the manager of Sin Somros:
the other spouse may apply to the Court for an order authorizing him or her as the sole manager or dividing the Sin Somros.
Where either spouse is personally liable for any debts incurred before or during the marriage, he/she must use his/her Sin Suan Tua to cover a part or whole performance of the obligation. If the obligation is not performed in full, he/she must use his/her part of the Sin Somros.
Where both are common debtors, the performance will come from the Sin Somros and the Sin Suan Tua of both.
Debts that both spouses are jointly liable shall include the debts incurred by either spouse during marriage in connection with the following :
If either spouse is bankrupt by adjudication, the division of the Sin Somros is by operation of law as from the date of adjudication.
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