Wife can’t use caveat to block sale of husband’s pre-marital home, court rules

The Melaka High Court has dismissed a non-Muslim wife's attempt to block her husband from selling a house he bought before their marriage by using a private caveat, despite her claim for a share in the property during divorce proceedings. Judicial Commissioner K Raja Segaran ruled that a claim to matrimonial assets under the National Land Code does not automatically grant a spouse a registrable interest in the property.

The court refused to extend the caveat over the house in Taman Paya Rumput Perdana, Alor Gajah, but granted the wife an additional 21 days to seek an injunction from the divorce court to protect her claim. The judge emphasized that the couple's teenage sons should be taken into account when dividing the assets during the divorce proceedings.

The wife, a primary school teacher, contributed to the household by purchasing groceries, kitchen appliances, and maintaining the home. The house was purchased by the husband in 2011, three years before their marriage, and remains his sole registered owner.