Applications under the Married Women's Property Act 1882, s 17

Applications under the Married Women’s Property Act 1882 and its civil partnership equivalent—spouses and civil partners

Section 17 of the Married Women’s Property Act 1882 (MWPA 1882) and its Civil Partnership Act 2004 (CPA 2004) equivalent (CPA 2004, s 66) enable the court to make such order as it thinks fit in relation to questions as to the title or possession of property between spouses or civil partners.

The court does not have redistributive powers but can make a declaration as to legal title, beneficial interests and possession, and can make a range of orders including orders for sale, orders for the delivery up of property, or lump sum orders in respect of a party’s share of property that has been disposed of, as well as injunctive orders