Vincent Ng Kim Khoay J:

[1] In her divorce petition herein the petitioner had prayed for an order under s 76 of the Law Reform (Marriage and Divorce) Act 1976 (the Act), that the respondent do transfer his half undivided share of the matrimonial home bearing address no 41, Changkat Tembaga, Island Park, Penang (the said property) to her; the other half (1/2) undivided share of the title in the said property being already in her name.

[2] The respondent has, in his answer, prayed that the said property be sold and the proceeds of the sale be divided in the proportion of 70% for himself and 30% for the petitioner.

[3] The background of the case can be gleaned from the statement of agreed facts filed in Court. Briefly, the facts are as follows:

[4] The petitioner and the respondent were married on 29 April 1975. Differences arose in the marriage and the parties were legally separated under an order for judicial separation dated 26 February 1979, on the grounds of the respondent's adultery. A divorce decree nisi was later granted by the High Court on 21 June 1990 under this petition and was made final and absolute on 21 September 1990.

[5] The said property was purchased by the resp