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Civil Partnership Act 2004

Section 198: Property where civil partnership agreement is terminated

374.This section applies when a civil partnership agreement is terminated. It provides that sections 191 and 192 (relating to disputes between civil partners about property) will apply in relation to property in which either or both of the parties to the agreement had a beneficial interest while the agreement was in force.

375.An application made using section 191 or 192 must be made within three years of the date of termination of the civil partnership agreement.

376.Subsection (4) provides that where a person makes a gift to the other person on the understanding that it will be returned if the civil partnership agreement is terminated, they can recover the property given even if he or she terminated the agreement himself or herself.

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