Section 17 Questions between husband and wife as to property to be decided in a summary way.C2C1
England, Wales and Northern Ireland
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 in 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...
Annotations
Textual amendments
- F1
Words repealed by Statute Law (Repeals) Act 1969 (c. 52), Sch. Pt. III
- F2
Words 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)
- F3
Words in s. 17 substituted (E.W.) by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 43, 48(2)
- F4
Words 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)
- F5
Words 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)
- F6
Proviso repealed by Statute Law (Repeals) Act 1969 (c. 52), Sch. Pt. III
Modifications
- C1
S. 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
- C2
S. 17 extended with modifications by S.I. 1977/344, rule 106 (as substituted by S.I. 1986/634, rule 21)