Lifestyle

Joint Home Loan With Your Spouse? Here’s What Happens If One Of You Dies Or Divorces

Death, divorce or money issues can change everything when a property is jointly owned.
Buying a home together may feel like a major relationship milestone, but one Malaysian has warned couples not to rush into taking a joint housing loan without understanding what could happen later.

In a Threads post that garnered around 239,000 views, user @fikryfahmee described joint loans as “very, very high risk” if couples fail to plan for situations such as death, divorce or financial problems.

But is a joint loan itself really the problem?

Here’s a simple breakdown.

First, what exactly is a joint housing loan?

Simply put, a joint loan means two or more people borrow money from the bank together to finance a property.

Couple Admiring Their Modern Dream Home
For illustration purposes only.

This is commonly done by couples who combine their incomes to qualify for a larger loan.

However, an important thing to remember is:

Joint loan ≠ automatically 50 50 ownership.

Who legally owns the property depends on the property documents and registered ownership.

According to the Malaysian Bar, the person registered as the proprietor on a property title is regarded as its legal owner.

What if both names are on the house and one person dies?

This was one of the main concerns raised by the Threads user.

Tearful Vigil Beside the Hospital Bed
For illustration purposes only.

If the property is jointly owned, the surviving owner does not automatically lose their own share of the house.

Instead, the deceased person’s share may form part of their estate.

According to the Department of Director General of Lands and Mines, or JKPTG, a deceased person’s portion in jointly owned property is based on the share stated in the relevant ownership document or land title.

For example:

House ownership

  • Husband: 50%
  • Wife: 50%

If the husband dies, it is generally his 50% share that becomes part of the estate, not the wife’s existing 50%.

So who gets the deceased person’s share?

For Muslims, the deceased person’s estate is generally distributed according to faraid.

For non Muslims, estate distribution generally falls under the Distribution Act 1958, depending on circumstances such as whether a valid will exists.

JKPTG explains the different methods of estate distribution here.

This means the surviving spouse may not automatically become the sole owner of the entire property.

That is where estate planning becomes important.

But what happens to the housing loan?

The loan does not necessarily disappear just because one borrower dies.

 wk ringgit
Photo via Canva

What happens next can depend on the financing agreement and whether the borrowers have mortgage protection such as MRTA or MRTT.

For example, Maybank explains that MRTT coverage is designed to cover outstanding home financing in the event of death or total permanent disability, subject to the coverage taken.

So before purchasing together, couples should check:

How much of the outstanding loan would actually be covered if one borrower passes away?

It is better to confirm this with the bank rather than assume the whole loan will automatically be settled.

Can hibah help?

The OP also suggested that Muslim couples consider hibah when planning for their property.

Hibah is essentially the gifting of an asset to another person and can form part of estate planning.

According to AmanahRaya, its HiBAHKU service can cover jointly owned assets and certain assets that are still under financing.

However, hibah is not simply a matter of saying, “I give this house to my spouse.”

The arrangement needs to be properly documented, while the property’s ownership and financing structure can also affect how it works.

Divorce can cause another set of problems

Death was not the only situation brought up in the discussion.

Several Malaysians shared stories about what happened after their relationships ended.

One woman claimed she purchased a property with a former partner but later struggled to refinance or agree on what to do with the house after they separated.

Another commenter said her former husband continued staying in their home after their divorce but eventually stopped making payments.

She claimed the property was later auctioned, with an outstanding balance still remaining.

Still, not everyone thinks joint loans are bad

Some Malaysians pointed out that joint loans are sometimes the only realistic way for couples to afford a property.

One commenter said there was nothing wrong with buying together if both partners understood the arrangement and planned properly.

Another said couples could still opt for a joint loan, but should also prepare for unexpected situations in the future.

And that may be the bigger takeaway.

Before signing, know these 5 things

If you’re planning to buy a house together, make sure both parties understand:

  1. Whose names are on the property
  2. How much of the property each person owns
  3. Who is responsible for repaying the loan
  4. What happens to the property if one person dies
  5. What happens if the couple separates or wants to sell

A joint housing loan itself is not necessarily a bad idea.

But for something that could take decades to repay, understanding the paperwork before signing could save couples from a much bigger headache later.

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Home > Lifestyle > Joint Home Loan With Your Spouse? Here’s What Happens If One Of You Dies Or Divorces