Hi dariofoo, can you please advice on the charges below?
Your help is much appreciated. Thank you.

Apartment
Unit purchase price: RM290K
Title: Freehold

Our Fees:-
(1) Sale and Purchase Agreement & Transfer 2,680.00
(2) CKHT 2A (RM200 / submission) 200.00
(3) Entry & Withdrawal of Private Caveat (Optional) -
6% Government Service Tax 172.80

Disbursements:-
1. Stamp Duty
a. Sale & Purchase Agreement and 3 copies 40.00
b. Transfer (estimated)
1st RM100,000 x 1% = RM1,000.00
Balance RM190,000.00 x 2% = RM3,800.00
50% rebate for first residential unit below RM350,000.00 2,400.00
c. Adjudication on Transfer 10.00
d. Statutory Declaration 20.00
2. Registration
a. Transfer 300.00
b. Caveator’s Consent 50.00
c. Entry & Withdrawal of Private Caveat -
3. Search on
a. Title and Caveat 90.00
b. Bankruptcy Search 60.00
c. Winding Up Search -
d. SSM Search -
4. Other Charges
a. Affirmation 20.00
b. Transport & courier charges 90.00
c. Telephone, postage and facsimile 90.00
d. Photocopying and all other charges 90.00
-------------
TOTAL RM6312.8
Note :
- Stamp duty on transfer is subject to final notice of assessment;
- Registration fees may be subject to penalty for late presentation.
- Lodgement of Private Caveat is waived by the Purchaser expressly.

No. It is always sold on an as-is-where-is basis.

hi, my friend got this problem regarding his loan status.
i advise him to consult with his lawyer but no positive outcome.

the problem is my friend bought a house with his wife.
both name on loan and on spa agreement.
he already divorce with his wife and his wife no helping in paying the monthly repayment.
only he still continue the reapyment with bank.
izit possible to him to change the property and loan name to his single name, without any consent from his wife coz he already lost/unable to contact his exwife since the past 2years.

really appreciate ur help, tqvm...

When filing the divorce petition, it would include how the jointly-owned properties of the parties are to be distributed. Check the Court order first and see what it says.

it would be an "oh oh" if his buddy finds out it's 50/50!
I'm lucky in the sense that everything to be signed over to me and i just pay $ to ex, clear and simple.

I guess divorce is the topic of the day. Dario would like to seek some advise. I have only one property, which I m the sole name on the SPA and loan agreement. I pay everything myself, and do not rely on wife to pay anything with regards to property or the upkeep of the said property (utilities etc).
In a divorce scenario, do i need to split my property 50/50 with her, eventhough she has no hand in it? This property was bought when we are still together, and we moved into this place for a while too. If we need to split this, i would end up homeless actually, and pretty broke too since I still owe the banks...
Thanks a lot

Apartment
purchase price : 340k

Freehold

I have a property under my name and i would like to have a joint name with my wife.

is the property entitled for 50% on stamp duty ?

Will they bank offer loan amount = purchase price?

i mean 90% of loan based on purchase price

Thanks a lot !

This post has been edited by ralph_lauren: Feb 14 2012, 05:27 PM

It doesn't matter whether you were the sole breadwinner, paid for everything and the fact that everything is under your name without any expense paid by your wife. Even if your wife was a mere housewife, it is her right to a portion (up to half) of any assets of the husband gained during the subsistence of the marriage. That is the law. Even if she is a housewife, she has her duties and contribution to the marriage as well. As such, she has a right to have a share in the assets.

Can apply for your wife's half share to be entitled for 50% rebate.

Ask this to a banker or mortgage consultant and they can advise you.

Dario, if i may throw in a wildcard - if the bro/sis is a Muslim, it's a different story right?

In addition, from what i understand, whether non-muslim or muslim, if he/she can prove that certain assets were acquired BEFORE marriage, then those assets are NOT part of the 50% split right?

My bad ar - i read bits and pieces everywhere, havent googled to provide the links here (heck, it may be from books & mags).

This post has been edited by wongmunkeong: Feb 14 2012, 06:59 PM

Hi there

Not sure who I can refer to, hope you can spare me a few minutes of your time.

I intend to make full settlement of my housing loan with the bank (Lock up period of 5 years is over). Requested for the redemption statement and now waiting for the bank to get back to me with the figures. My question is why do I need to engage a lawyer to handle this? The bank stated that lawyer is required. Is this a normal practise? If its so do you know how much is the lawyer fees? Thought its a straight forward case. Things get complicated nowadays.

Appreciate your advise. Thank you.

A similar question has been asked before earlier in this thread. Browse the first few pages and you shall find the answer. Cheers.

If Muslim, they have this concept of 'harta sepencarian' which is similar to the concept in civil cases. power is given to the Syariah Court to determine the division, but more often than not the Court will order an equal split. But the burden would be on the wife to prove that the assets were procured during the subsistence of the marriage.

Yes, if acquired before marriage, then it would not be considered for purposes of division.

If I may add a bit - in reality, more often than not, parties arrive at a settlement with regard to division of assets. Perhaps the wife will get to keep the matrimonial home. The husband would continue paying the monthly instalments. The husband will keep the main car, and the second car will go to the wife. Custody will be with the mother, with visitation rights by the father. Father has to pay maintenance (or alimony, as they call it in the US) to the wife (quantum depends on whether wife is working or otherwise) and kids. Husband has to pay insurance and pay all education expenses until kids turn 18. More often than not, these are common terms agreed upon in a divorce.

Only the ugly separations - probably caused by abusive or adulterous spouses - which end up in bitter, long, drawn-out court battles filled with lies, baseless and exaggerated accusations and allegations, scheming conniving lawyers who spit and spew venomous words in their submissions on behalf of their beleaguered clients and a poor judge in the middle scratching his/her head wondering how to decide as to which party is a better liar (as opposed to which party is telling the truth!)

i would like to buy 2nd house with my wife , but i do have 1 unit previously under my name d....

my wife entitled for the 50% rebate on stamp duty ? Thanks

On the Custody will be with the mother, with visitation rights by the father, if i may share from experience (ouch!), as a father, press for joint-custody even though the mother may get daily care (ie. child stays with mother), else you may as well say your final goodbyes to your child. In addition, it's hard to fight for your child to stay with you, as a father, when the courts traditionally grant young children's care to the mother - onus of proof of "unfit parent" is on the father (and we know how hard that is even if it's true)

My friend purchase a 2nd hand house in quite good location. She paid booking, signed letter offer from bank and as well as SPA. Before that she had informed the owner that she'll be withdraw money from EPF to pay the 1st 10%. The owner agreed to wait even after signing SPA but she has one month to do so.

When she asked the owner about MOT because EPF need it with SPA then only she's able to withdraw to pay the owner.
However the owner is in the processing of transfering MOT from developer and it would take one month to do so. Owner's lawyer sent my friend a form called 14A. To her dismay, EPF rejected because the form 14A need to be stamped by land officer.

So according to owner's lawyer, unless she's able to pay the remaining 1st 10% using her own saving then the transition will be smooth. Otherwise owner will be having a big risk that is ; losing the property and as well as the 1st downpayment if my friend just in case she refuse to pay her after withdraw from EPF. Then if this is going to court case, according to the lawyer, my friend will have high possibility to win which frightened the owner.

And now, the owner doesn't want to proceed the selling unless she comes out with the remaining 1st 10% cash.But my friend doesn't have that big amount of cash.
The lucky part is there's no penalty and forfeited by lawyer and the estate agent.But afraid the bank will charge her penalty becasue she has signed the offer letter.

Now What should be done? Terminate the buying or ??? She's so depressed...

Good day dariofoo..

Just curious, normally it's take how long for MOT process? Puchong property.

Joint custody may be difficult if the wife is the vindictive type. coupled with the evil creative genius of a lawyer who can conjure up magical tales of adultery, abuse, late nights out, or drunkenness on the part of the father, even though it may not be true at all.

That is why contested divorces lawyers are those who specialise in that field and not many others dare to venture into it. Those naive lawyers who do not have a clue as to what they are up against would seriously be in for a shock as to what their opponent is capable of coming up with. It's a dirty game, sad to say.

Not in all 100% of divorces cases though. Just the seriously contested ones. It never ends up well..not for the couple that is..The lawyers get paid at the end of the day, nonetheless.

Didn't I answer that question in my last answer which you quoted?

so sorry.. i afraid u misunderstood my question .. got it d... thanks a lot bro !