Property Division

A husband and wife who are going through a divorce may have to deal with the division of property acquired during the marriage.

If the property was acquired by the JOINT EFFORT of both husband and wife, the Court shall take the followings into consideration in determining the division of property:

  • the extent of contributions made by each party;
  • any debts owing by either party: and
  • the needs of the minor children.

The next question is, what happens if the property acquired is by the SOLE EFFORT of one party to the marriage? For instance, how will the property be divided if the wife is only a stay home mother? Will the wife be given any consideration even though she did not acquire the property? In this situation, even though the wife did not acquire the property, the Court may still order division of property to the wife by taking into account the followings considerations:

  • the extent of the wife’s contribution to the welfare of the family by taking care of the family or looking after the home; and
  • the needs of the minor children.

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