In any question between husband and wife as to the title to or possession of property, either party, . . . F1, may apply by summons or otherwise [F2in a summary way [F3to the High Court or [F4the family court] and the court] [F2in a summary way to the High Court or a county court and the court] may, on such an application (which may be heard in private), make such order with respect to the property as it thinks fit.
In this section “prescribed” means prescribed by rules of court F5...F6...]
Textual Amendments
F1Words repealed by Statute Law (Repeals) Act 1969 (c. 52), Sch. Pt. III
F2Words in s. 17 substituted (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 35 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k) (with art. 3)
F3Words in s. 17 substituted (E.W.) by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 43, 48(2)
F4Words in s. 17 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 3(a); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F5Words in s. 17 omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 3(b); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
F6Proviso repealed by Statute Law (Repeals) Act 1969 (c. 52), Sch. Pt. III
Modifications etc. (not altering text)
C1S. 17 extended with modifications by S.I. 1977/344, rule 106 (as substituted by S.I. 1986/634, rule 21)
C2S. 17 extended by Matrimonial Causes (Property and Maintenance) Act 1958 (c. 35), s. 7; applied by Law Reform (Miscellaneous Provisions) Act 1970 (c. 33), s. 2(2); amended by Matrimonial Proceedings and Property Act 1970 (c. 45), s. 39