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.
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