AI Summary of 36. Determination of questions between spouses in relation to property.
Either spouse may apply to the court in a summary manner to determine questions of title to or possession of any property. The court may order disposition of the property in dispute (including sale or partition), award costs and direct inquiries or other directions. Either spouse or a child of a deceased spouse may apply where it is claimed the other spouse has had in their possession or control money or other property to which the applicant was beneficially entitled, and that the asset has ceased to be in the other spouse's possession or its status is unknown.
If the court is satisfied the defendant had such possession or control and has not made an appropriate payment or disposition, it may make orders under the section or require payment of sums corresponding to the money or the value or interest in the property. Third parties are treated as stakeholders for costs. The section is without prejudice to section 2 of the Married Women’s Status Act 1957, imposes three‑year time limits in specified annulment/divorce or ceased cohabitation situations, and defines ‘spouse’ to include personal representatives and parties to void, voidable or dissolved marriages as enumerated.
36. Determination of questions between spouses in relation to property.
(1) Either spouse may apply to the court in a summary manner to determine any question arising between them as to the title to or possession of any property.
(2) On application to it under subsection (1), the court may -
(a) make such order with respect to the property in dispute (including an order that it be sold or partitioned) and as to the costs consequent upon the application, and
(b) direct such inquiries, and give such other directions, in relation to the application,
as the court considers proper.
(3) Either spouse or a child of a deceased spouse (in this section referred to subsequently as "the plaintiff spouse") may make an application specified in subsection (1) where it is claimed that the other spouse (in this section referred to subsequently as "the defendant spouse") has had in his or her possession or under his or her control -
(a) money to which, or to a share of which, the plaintiff spouse was beneficially entitled whether by reason of the fact that it represented the proceeds of property to which, or to an interest in which, the plaintiff spouse was beneficially entitled or for any other reason, or
(b) property (other than money) to which, or to an interest in which, the plaintiff spouse was beneficially entitled,