HL Deb 30 January 1996 vol 568 cc1437-8

PROVISIONS APPLYING TO MATRIMONIAL HOME OR OTHER LAND

Equal co-ownership of husband and wife not disturbed by payments for acquisition or improvements

27.—(1) So long as two spouses are equal co-owners of any land in England or Wales either as joint tenants or as tenants in common having equal shares with one another, any contribution made by one of them in money or money's worth to meeting the cost of acquisition or to the improvement of the land shall be deemed, for the purposes of any rule of law or presumption as to the effect of such a contribution in conferring an interest or larger interest on the person making it, to be made equally by the two of them, except where they became tenants in common having equal shares with one another by the operation as between themselves of any such rule of law or presumption. (2) Any reference in sub-paragraph (1) above to a contribution to meeting the cost of acquisition or to the improvement of the land includes expenditure on or with a view to the repayment of money borrowed to defray the cost of acquisition or of an improvement. (3) In relation to the rule as to improvements this paragraph shall be deemed always to have had effect, except where the marriage has been terminated before the time when this Part comes into force, or before that time either—

  1. (a) one of the spouses has by any contribution acquired under the rule a share or additional share out of the beneficial interest of the other, and the extent of that share has been ascertained by agreement between them or by order of a court; or
  2. (b) one of the spouses by writing signed by him or her or for him or her by his or her agent has directed that this subsection shall not apply.
(4) This paragraph shall not affect the operation of the rule as to improvements as that rule is applied by section 2(1) of the Law Reform (Miscellaneous Provisions) Act 1970 (property of engaged couples if engagement terminated), except where an agreement to marry is terminated by death after this Part comes into force.

Application of certain rules to engaged couples

28.—(1) Subject to sub-paragraph (2) below, where after the coming into force of this Part a man and a woman enter into an agreement to marry one another, then as regards land in England and Wales the rule as to improvements and paragraph 27(1) and (2) above shall apply as if their agreement to marry had been implemented. (2) Where an agreement to marry is terminated otherwise than by death, the beneficial interest of the parties to the agreement in Any land shall be the same as if this paragraph had not been enacted.

Interpretation of Part II

29. In this Part—

  1. (a) "co-owner" has the same meaning as in Part I;
    2. 1438
  2. (b) "the rule as to improvements" means the rule of law explained by section 37 of the Matrimonial Proceedings and Property Act 1970.

Forward to