Bill No. 19 Marriage And Divorce Bill (a) the spouse is of unsound mind; 2009 (b) consent is unreasonably withheld; (c) the whereabouts of the spouse are unknown for a period of two years; or (d) any other sufficient reason as court may consider fit. (3) Subject to subsection (2), where a spouse enters into a transaction that relates to the matrimonial home without the consent of the other spouse, that transaction may be set aside by the court on application by the other spouse. (4) Where the court does not set aside a transaction, the spouse whose interest is defeated is entitled to claim out of the proceeds of the transaction, the value of that spouse’s share in the matrimonial property. (5) When a transfer of the matrimonial property is ordered by the court and a spouse ordered to make the transfer or conveyance is either unable or unwilling to do so, the court may order the registrar of the court to execute the appropriate transfer or conveyance on behalf of that spouse. (6) The court may, by order, restrain a spouse or a third party from permitting the disposition of matrimonial property and the court may rescind a disposition of the property made with the intention of defeating the financial provision of a spouse, except to a purchaser for value in good faith. (7) The court may make an order to preserve or maintain matrimonial property while a case relating to the property is pending before the court. 130. Marriage gifts Where a spouse or a cohabitee gives property to the other spouse or cohabitee during the subsistence of a marriage or cohabitation, there is a rebuttable presumption that the property belongs to the receiving spouse or cohabitee. 55