Section 25 Presumption of equal shares in household goods.
Scotland
If any question arises (whether during or after a marriage F1or civil partnership) as to the respective rights of ownership of the parties to a marriage F2or the partners in a civil partnership in any household goods obtained in prospect of or during the marriage or civil partnership other than by gift or succession from a third party, it shall be presumed, unless the contrary is proved, that each has a right to an equal share in the goods in question.
For the purposes of subsection (1) above, the contrary shall not be treated as proved by reason only that while
the parties were married
the partners were in civil partnership,
and living together the goods in question were purchased from a third party by either party alone or by both in unequal shares.
In this section “household goods” means any goods (including decorative or ornamental goods) kept or used at any time during the marriage F5or civil partnership in any family home for the joint domestic purposes of the parties to the marriage F6or the partners, other than—
money or securities;
any motor car, caravan or other road vehicle;
any domestic animal.
Annotations
Textual amendments
- F1
Words in s. 25(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 28(2)(a); S.S.I. 2005/604, arts. 2(c), 4
- F2
Words in s. 25(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 28(2)(b); S.S.I. 2005/604, arts. 2(c), 4
- F3
s. 25(2)(a): words in s. 25(2) renumbered as s. 25(2)(a) (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 28(3); S.S.I. 2005/604, arts. 2(c), 4
- F4
S. 25(2)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 28(3); S.S.I. 2005/604, arts. 2(c), 4
- F5
Words in s. 25(3) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 28(4)(a); S.S.I. 2005/604, arts. 2(c), 4
- F6
Words in s. 25(3) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(c), Sch. 28 para. 28(4)(b); S.S.I. 2005/604, arts. 2(c), 4