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s 9

Transfer of property to spouse, civil union partner, civil partner or child

In force

9 Transfer of property to spouse, civil union partner, civil partner or child

(1)

If property or an interest in property paid for by a woman with her money, or owned by a woman—

(a)

is vested in or transferred to her husband, or her child or another person to whom she stands in place of a parent; or

(b)

is vested jointly in or transferred jointly to herself and her husband, or herself and her child or herself and another person to whom she stands in place of a parent;

then, unless the contrary intention appears, the same presumptions of gift or advancement shall be taken to arise in relation to the property or the interest in property, as the case may be, as would arise if the property or interest had been paid for by a man with his money, or owned by a man, and had respectively—

(c)

vested in or been transferred to his wife, or his child or another person to whom he stands in place of a parent; or

(d)

vested jointly in, or been transferred jointly to, himself and his wife, or himself and his child or himself and another person to whom he stands in place of a parent.

(2)

If—

(a)

a person and the person’s spouse, civil union partner or civil partner both contribute to the purchase of property or an interest in property; and

(b)

the property or interest is vested in or transferred to 1 spouse, civil union partner or civil partner (the transferee);

the transferee is taken (unless the contrary intention appears) to hold the property or interest in trust for the transferee and the transferee’s spouse, civil union partner or civil partner as joint tenants.

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