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Matrimonial property, etc.S

24 Marriage not to affect property rights or legal capacity.S

(1)Subject to the provisions of any enactment (including this Act), marriage [F1or civil partnership] shall not of itself affect—

(a)the respective rights of the parties to the marriage[F2, or as the case may be the partners in the civil partnership,] in relation to their property;

(b)the legal capacity of [F3those parties or partners].

(2)Nothing in subsection (1) above affects the law of succession.

Textual Amendments

25 Presumption of equal shares in household goods.S

(1)If any question arises (whether during or after a marriage [F4or civil partnership]) as to the respective rights of ownership of the parties to a marriage [F5or the partners in a civil partnership] in any household goods obtained in prospect of or during the marriage [F4or civil partnership] other than by gift or succession from a third party, it shall be presumed, unless the contrary is proved, that each has a right to an equal share in the goods in question.

(2)For the purposes of subsection (1) above, the contrary shall not be treated as proved by reason only that while

[F6(a)]the parties were married

[F7(b)the partners were in civil partnership,]

and living together the goods in question were purchased from a third party by either party alone or by both in unequal shares.

(3)In this section “household goods” means any goods (including decorative or ornamental goods) kept or used at any time during the marriage [F8or civil partnership in any family] home for the joint domestic purposes of the parties to the marriage [F9or the partners], other than—

(a)money or securities;

(b)any motor car, caravan or other road vehicle;

(c)any domestic animal.

Textual Amendments

F6s. 25(2)(a): words in s. 25(2) renumbered as s. 25(2)(a) (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 28(3); S.S.I. 2005/604, arts. 2(c), 4

26 Presumption of equal shares in money and property derived from housekeeping allowance.S

If any question arises (whether during or after a marriage [F10or civil partnership]) as to the right of a party to a marriage [F11or as the case may be of a partner in a civil partnership] to money derived from any allowance made by either party [F12or partner ] for their joint household expenses or for similar purposes, or to any property acquired out of such money, the money or property shall, in the absence of any agreement between them to the contrary, be treated as belonging to each party [F12or partner ] in equal shares.

Textual Amendments