PROPERTY (RIGHTS OF SPOUSES) ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

   3   Application of Act

   4   Act to have effect in place of rules of common law and equity

   5   Courts having jurisdiction

 

PART II
Family Home

   6   Entitlement to family home

   7   Power of Court to vary equal share rule

   8   Transactions to defeat interest in family home

   9   Transfer of interest in family home exempt from transfer tax

 

PART III
Property

Agreements

   10   Agreements in respect of property

 

Orders regarding Property Rights

   11   Court may make orders regarding property

 

Determination of Value and Share

   12   Determination of value and share of property

 

Division of Property

   13   Time when application may be made to Court for division of property

   14   Division of property

 

Alteration of Property Interests

   15   Alteration of property interest

   16   Court may set aside order made under section 15

 

Property and Creditors

   17   Provisions relating to creditors

   18   Protection of mortgage

   19   Agreement to defeat creditors void

 

Disposal of Property

   20   Disposal of property

   21   Court may restrain disposition of property

   22   Court may set aside disposition of property

 

PART IV
Power of Court to Make other Orders

   23   Court may make other orders

 

PART V
General

   24   Savings

   25   Miscellaneous amendments of certain enactments

      APPENDIX

 

THE PROPERTY (RIGHTS OF SPOUSES) ACT

[Date of Commencement: 1st April, 2006]

Act 4 of 2004.

PART I
Preliminary (sections 1-5)

1   Short title

   This Act may be cited as the Property (Rights of Spouses) Act.

2   Interpretation

   (1) In this Act-

   "cohabit" means to live together in a conjugal relationship outside of marriage and "cohabitation" shall be construed accordingly;

   "family home" means the dwelling-house that is wholly owned by either or both of the spouses and used habitually or from time to time by the spouses as the only or principal family residence together with any land, buildings or improvements appurtenant to such dwelling-house and used wholly or mainly for the purposes of the household, but shall not include such a dwelling-house which is a gift to one spouse by a donor who intended that spouse alone to benefit;

   "marriage" includes a void marriage referred to in paragraphs (a), (b) and (c) of section 4(1) of the Matrimonial Causes Act;

   "property" means any real or personal property, any estate or interest in real or personal property, any money, any negotiable instrument, debt or other chose in action, or any other right or interest whether in possession or not to which the spouses or either of them is entitled;

   "relevant child" means a child who is-

   (a)   a child of both spouses; or

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