1972 Ed.]
Married Persons Status
[CAP. 182
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the judge (either in substitution for or in addition to the making of an order in accordance with subsection (3)) may make any order under that section in respect of that property which he could have made on such an application as is mentioned in paragraph (b).
(5) Subsections (1), (2), (3) and (4) shall have effect in relation to a husband as they have effect in relation to a wife, as if any reference to the husband were a reference to the wife and any reference to the wife were a reference to the husband.
(6) Any power of a judge under section 6 to direct inquiries or give any other directions in relation to an application under that section shall be exercisable in relation to an application made under that section, as extended by this section; and subsections (3) and (4) of that section shall apply in relation to any order made under section 6, as extended by this section, as they apply in relation to an order made under that section apart from this section.
(7) For the avoidance of doubt it is hereby declared that any power conferred by section 6 to make orders with respect to any property includes power to order a sale of the property.
(8) In this section "disposition" does not include any provision contained in a will, but, with that exception, includes any conveyance, assurance or gift of property of any description, whether made by an instrument or otherwise.
8. An application may be made under section 6 (including that section as extended by section 7) by either of the parties to a marriage notwithstanding that their marriage has been dissolved or annulled so long as the application is made within the period of three years beginning with the date on which the marriage was dissolved or annulled; and references in sections 6 and 7 to a husband or a wife shall be construed accordingly.
(Added, 39 of 1972, s. 33(3))
9. It is hereby declared that, where a husband or wife contributes in money or money's worth to the improvement of real or personal property in which or in the proceeds of sale of which either or both of them has or have a beneficial interest, the husband or wife so contributing shall, if the contribution is of a substantial nature and subject to any agreement between them to the contrary express or implied, be treated as having thereby acquired by virtue of his or her contribution a share or an enlarged share, as the case may be, in that beneficial interest of such an extent as may have been then agreed or, in default of such agreement, as may seem in all the circumstances just to any court before which the question of the existence or extent of the beneficial interest of the husband or wife arises (whether in proceedings between them or in any other proceedings).
(Added, 39 of 1972, s. 33(3))
1958 c. 35, s. 8(1).
Further extension of sections 6 and 7. 1970 c. 45, s. 39.
Contributions by spouse in money or money's worth to the improvement of property. 1970 c. 45, s. 37.
1972 Ed.]
Married Persons Status
[CAP. 182
5
the judge (either in substitution for or in addition to the making of an order in accordance with subsection (3) ) may make any order under that section in respect of that property which he could have made on such an application as is mentioned in paragraph (b).
(5) Subsections (1), (2), (3) and (4) shall have effect in relation to a husband as they have effect in relation to a wife, as if any reference to the husband were a reference to the wife and any reference to the wife were a reference to the husband.
(6) Any power of a judge under section 6 to direct inquiries or give any other directions in relation to an application under that section shall be exercisable in relation to an application made under that section, as extended by this section; and subsections (3) and (4) of that section shall apply in relation to any order made under section 6, as extended by this section, as they apply in relation to an order made under that section apart from this section.
(7) For the avoidance of doubt it is hereby declared that any power conferred by section 6 to make orders with respect to any property includes power to order a sale of the property.
(8) In this section "disposition" does not include any provision contained in a will, but, with that exception, includes any conveyance, assurance or gift of property of any description, whether made by an instrument or otherwise.
8. An application may be made under section 6 (including that section as extended by section 7) by either of the parties to a marriage notwithstanding that their marriage has been dissolved or annulled so long as the application is made within the period of three years beginning with the date on which the marriage was dissolved or annulled; and references in sections 6 and 7 to a husband or a wife shall be construed accordingly.
(Added, 39 of 1972, s. 33(3))
9. It is hereby declared that, where a husband or wife contri- butes in money or money's worth to the improvement of real or personal property in which or in the proceeds of sale of which either or both of them has or have a beneficial interest, the husband or wife so contributing shall, if the contribution is of a substantial nature and subject to any agreement between them to the contrary express or implied, be treated as having them acquired by virtue of his or her contribution a share or an enlarged share, as the case may be, in that beneficial interest of such an extent as may have been then agreed or, in default of such agreement, as may seem in all the circumstances just to any court before which the question of the existence or extent of the beneficial interest of the husband or wife arises (whether in proceedings between them or in any other proceedings).
( Added, 39 of 1972, s. 33(3) )
1958 c. 35, s. 8(1).
Further extension of sections 6 and 7. 1970 C.
45, s. 39.
Contributions by spouse in money or money's worth to the
improvement of property. 1970 c. 45, s. 37.
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