Purchase or transfer of property before marriage, civil union or civil partnership
10 Purchase or transfer of property before marriage, civil union or civil partnership
If property or an interest in property paid for by a person with his or her money or owned by the person (the transferor) is, in the transferor’s contemplation of his or her marriage to, or civil union or civil partnership with, another person (the transferee) vested in or transferred to the transferee then, unless the contrary intention appears—
until the marriage, civil union or civil partnership takes place, the transferee shall be taken to hold the property, or the interest in property, as the case may be, in trust for the transferor; and
on the marriage, civil union or civil partnership, the transferee shall be taken to hold the property or interest absolutely.
If property or an interest in property paid for by a person with his or her money or owned by the person (the transferor) is, in the transferor’s contemplation of his or her marriage to, or civil union or civil partnership with, another person (the transferee), vested jointly in or transferred jointly to the transferor and the transferee then, unless the contrary intention appears—
until the marriage, civil union or civil partnership takes place, the transferor and the transferee shall be taken to hold the property, or the interest in property, as the case may be, in trust for the transferor; and
on the marriage, civil union or civil partnership, the transferor and the transferee shall be taken to hold the property or interest as joint tenants.
If—
2 persons, in contemplation of their marriage to, or civil union or civil partnership with, each other, both contribute to the purchase of property or an interest in property; and
the property or the interest in property, as the case may be, is vested in or transferred to one of the persons (the transferee),
then, unless the contrary intention appears—
until the marriage, civil union or civil partnership takes place, the property or the interest shall be taken to be held by the transferee in trust for himself or herself and the other person as tenants in common in shares proportionate to their respective contributions; and
on the marriage, civil union or civil partnership, the property or the interest shall be taken to be held by the transferee in trust for himself or herself and the other person as joint tenants.
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