The Matrimonial Property Bill, 201 3 l (c) 387 by a mortgagee or chargee in exercise of .a power of sale or other remedy given under any law. · (5) The matrimonial home shall not be mortgaged or leased without the written and informed consent of both spouses. PART IV- SEPARATE PROPERTY 13. Subject to this Act and any agreement between the spouses before the marriage, marriage does not affect the ownership of property other than matrimonial property to which either spouse may be ~ntitled, or affect the right of either spouse to acquire, hold or dispose of any such property. 1 Separate property of spfuses. 14. Where . matrimonial property is acquired : during marriage- Presumptions as to property acquired during marriage. I (a) in the name of one spouse, there shall be a rebuttable presumption that the property is held in trust for the other spouse; and (b) in the names of the spouses jointly, there shall be r~buttable presumption that their beneficial interests in the matrimonial property are equal. 15. Where a spouse gives any property to the other spouse as a gift during the subsistence of the marriage, there shall be a rebuttable presumption that the~ property thereafter belongs absolutely to the recipient. Gifts between spouses. 16. A spouse is not liable, solely by reason of marriage, for any personal debt contracted by the other spouse prior to their marriage. · No liability for antecedent debts · of it spouse. I i PART V- JURISDICTION AND PROCEDURE , 17. (1) A person may apply to a court .for et '. declaration of rights to any property that is contested Action for declaration of rights to property.