Civil Partnership Act 2004 (c. 33)

Part 2 U.K. Civil partnership: England and Wales

Chapter 3 E+W Property and financial arrangements

65 Contribution by civil partner to property improvement E+W

(1) This section applies if—

(a) a civil partner contributes in money or money’s worth to the improvement of real or personal property in which or in the proceeds of sale of which either or both of the civil partners has or have a beneficial interest, and

(b) the contribution is of a substantial nature.

(2) The contributing partner is to be treated as having acquired by virtue of the contribution a share or an enlarged share (as the case may be) in the beneficial interest of such an extent—

(a) as may have been then agreed, or

(b) in default of such agreement, as may seem in all the circumstances just to any court before which the question of the existence or extent of the beneficial interest of either of the civil partners arises (whether in proceedings between them or in any other proceedings).

(3) Subsection (2) is subject to any agreement (express or implied) between the civil partners to the contrary.

Modifications etc. (not altering text)

C1 S. 65 applied (with modifications) (5.12.2005) by The Civil Partnership (Treatment of Overseas Relationships) Order 2005 (S.I. 2005/3042), art. 3(2)

C2 S. 65 applied (with modifications) (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 2 para. 4(2)