Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

106.

Determination of questions between civil partners in relation to property.

106.— (1) Either civil partner may apply to the court in a summary manner to determine a question arising between them as to the title to or possession of property.

(2) The court may, on application to it under subsection (1)

( a) make the order it considers proper with respect to the property in dispute (including an order that the property be sold or partitioned), and as to the costs consequent on the application, and

( b) direct the inquiries, and give the other directions, it considers proper in relation to the application.

(3) A civil partner or a child of a deceased person who was a civil partner before death may make an application under subsection (1) when he or she is of the view that the conditions specified in subsection (4) are present.

(4) The conditions for an application under subsection (3) are:

( a) the applicant claims that the other civil partner has possessed or controlled—

(i) money to which, or a share of which, the applicant was beneficially entitled whether because it represented the proceeds of sale of property to which, or to an interest in which, the applicant was beneficially entitled or for any other reason, or

(ii) property other than money to which, or to an interest in which, the applicant was beneficially entitled;

and

( b) the money or the property has ceased to be in the possession or under the control of the other civil partner or the applicant does not know whether it is still in the possession or under the control of the other civil partner.

(5) If the court is satisfied on an application under subsections (1) and (3) of the matters specified in subsection (6), the court may make an order under subsection (2) in relation to the application and may, in addition to or in lieu of that order, make an order requiring the other civil partner to pay to the applicant—

( a) a sum in respect of the money to which the application relates, or the applicant’s proper share of it, or

( b) a sum in respect of the value of the property other than money, or the applicant’s proper share of it.

(6) For the purposes of subsection (5), the court must be satisfied that—

( a) the other civil partner possesses or controls, or has possessed or controlled, money or other property referred to in subsection (4)(a)(i) or (ii), and

( b) the other civil partner has not made to the applicant a payment or disposition other than a testamentary disposition that would have been appropriate in the circumstances.

(7) A person (other than the applicant or the other civil partner) who is a party to proceedings under this section shall be treated as a stakeholder only, for the purposes of costs or any other matter.

(8) In this section, references to a civil partner include references to—

( a) a personal representative of a deceased civil partner, and

( b) either of the parties to a void civil partnership, whether or not it has been the subject of a decree of nullity granted under section 107.