Married Women's Status Act, 1957

Determination of questions between husband and wife as to property.

12.—(1) This section applies to the determination of any question arising between husband and wife as to the title to or possession of any property.

(2) Either party or any person concerned may apply in a summary way to the High Court or (at the option of the applicant irrespective of the value of the property in dispute) to the Circuit Court to determine the question and the Court may make such order, with respect to the property in dispute and as to the costs consequent on the application, as the Court thinks proper.

(3) Where the value of the personal property (other than chattels real) exceeds £2,000 or the rateable valuation of the land exceeds £60 and the application is made to the Circuit Court, that Court shall, if a defendant or respondent so requires, transfer the proceedings to the High Court, but any order made or act done in the course of such proceedings before such transfer shall be valid unless discharged or varied by order of the High Court.

(4) If either party so requests, the Court may hear the application in private.

(5) In any proceedings under this section, a person (other than the husband or wife) who is a party thereto shall, for the purposes of costs or otherwise, be treated as a stakeholder only.

(6) The provisions of this section are without prejudice to the rights conferred by section 2.