HL Deb 31 March 1999 vol 599 cc70-1WA
Lord Lester of Herne Hill

asked Her Majesty's Government:

Further to the Written Answer by the Lord Chancellor on 23 March (WA 145), whether they will identify:

  1. (a) the three minor rules of law in England and Wales which treat husbands and wives unequally;
  2. (b) the similar rules in Northern Ireland; and
  3. (c) the minor rule of law in Scotland,
referred to therein.[HL1775]

The Lord Chancellor

The three rules of law in England and Wales are, in brief:

  1. (a) the common law duty of a husband to maintain his wife. There is no similar duty laid on a wife to maintain her husband;
  2. (b) the presumption of advancement between husband and wives under which, if a husband transfers property to his wife, he is presumed to be making a gift, unless the presumption is not rebutted by evidence. However, if a wife transfers property to her husband, the presumption is that no gift is intended;
  3. (c) section 1 of the Married Women's Property Act 1964 relating to money and property derived from a housekeeping allowance under which, if a husband pays a housekeeping allowance to a wife., any savings or property derived from that. allowance (in the absence of an agreement to the contrary) belong to the husband and wife in equal shares. If a wife pays a housekeeping allowance to the husband, property derived from it belongs to the wife only.

In Northern Ireland the common law duty of maintenance and the presumption of advancement is the same as in England and Wales. The Married Women's Property Act 1964 does not, however, extend to Northern Ireland. The common law rule, which still applies, is that savings from housekeeping monies and proceeds from them belong to the husband. While the equitable doctrine of resulting trust may produce the same result in relation to a housekeeping allowance made by a wife to a husband., the law is unacceptably unsatisfactory, and reform is being considered.

In Scotland, Section 6 of the Conjugal Rights (Scotland), Amendment Act 1861 provides that property which a wife acquires after she has obtained a decree of judicial separation does not pass to the husband if she dies intestate. There is no equivalent rule for husbands.