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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2011 - onwards
Version 2 of 2

106. Determination of questions between civil partners in relation to property.

(1) Either civil partner may apply to the court in a summary manner to determine a question arising between them as to the title to or possession of property.

(2) The court may, on application to it under subsection (1) -

(a) make the order it considers proper with respect to the property in dispute (including an order that the property be sold or partitioned), and as to the costs consequent on the application, and

(b) direct the inquiries, and give the other directions, it considers proper in relation to the application.

(3) A civil partner or a child of a deceased person who was a civil partner before death may make an application under subsection (1) when he or she is of the view that the conditions specified in subsection (4) are present.

(4) The conditions for an application under subsection (3) are:

(a) the applicant claims that the other civil partner has possessed or controlled -

(i) money to which, or a share of which, the applicant was beneficially entitled whether because it represented the proceeds of sale of property to which, or to an interest in which, the applicant was beneficially entitled or for any other reason, or