Property Co-owned with Siblings / Parents
Division of matrimonial properties may be very complicated in divorce proceedings. What complicates further is when a party claim that the Matrimonial Property is co-owned with his/her family.
The big question is IF THE PROPERTY IS CO-OWNED WITH A FAMILY MEMBER, CAN THE SPOUSE CLAIM THAT AS MATRIMONIAL PROPERTY? And the answer is YES!
The rationale behind this is that when husband and wife acquire properties, it must be presumed to have intended it for joint benefit of the family. One may argue that the property is acquired not for the benefit of the family, but for his/her sole benefit. However such argument is rarely accepted by the Court.
It is pertinent to note that the claiming-spouse may only claim for the shares hold by his/her spouse and not the shares hold by the spouse's siblings / parents.