{"id":"a-1986-18","name":"Married Persons Property Act 1986","slug":"married-persons-property-act-1986","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"18 of 1986","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23929,"registerId":"act-a-1986-18-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Married Persons Property Act 1986","content":"Australian Capital Territory\nMarried Persons Property Act 1986\nA1986-18\nRepublication No 8 (RI)\nEffective: 7 November 2013\nRepublication date: 7 November 2013\nReissued: 24 February 2014 because of High Court decision\nin relation to A2013-39\nLast amendment made by A2013-39 (never effective)\nAuthorised by the ACT Parliamentary Counsel\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Married Persons Property Act 1986 (including any amendment\nmade under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on\n7 November 2013. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 7 November 2013.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the\nACT legislation register at www.legislation.act.gov.au):\n authorised republications to which the Legislation Act 2001 applies\n unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made\nby an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).\nThe changes are made if the Parliamentary Counsel considers they are desirable to bring the law\ninto line, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M\nappears immediately before the provision heading. The text of the modifying provision appears\nin the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $140 for\nan individual and $700 for a corporation (see Legislation Act 2001, s 133).\n\nR8 (RI)\n24/02/14\nMarried Persons Property Act 1986\nEffective: 07/11/13\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMarried Persons Property Act 1986\nContents\nPage\n1 Name of Act 2\n1A Dictionary 2\n1B Notes 2\n2 Meaning of court 2\n3 Legal capacity of married women 2\n4 Authority to pledge spouse’s credit 3\n5 Agent of necessity 3\n6 Restriction on anticipation or alienation 3\n7 Debts incurred before marriage 3\n8 Crimes in relation to spouse’s property 4\n9 Transfer of property to spouse, civil union partner, civil partner or child 4\n10 Purchase or transfer of property before marriage, civil union or civil\npartnership 5\n11 Housekeeping allowances 6\n12 Beneficiaries who are married, in civil union or civil partnership 7\n\nContents\nPage\ncontents 2 Married Persons Property Act 1986\nEffective: 07/11/13\nR8 (RI)\n24/02/14\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n13 Applications to decide property disputes 7\n14 Jurisdiction of Magistrates Court 7\n15 Powers of the court 8\nDictionary 10\nEndnotes\n1 About the endnotes 11\n2 Abbreviation key 11\n3 Legislation history 12\n4 Amendment history 14\n5 Earlier republications 16\n\nR8 (RI)\n24/02/14\nMarried Persons Property Act 1986\nEffective: 07/11/13\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nMarried Persons Property Act 1986\nAn Act relating to the rights and liabilities of people who are married, in a civil\nunion or civil partnership in relation to property\n\nSection 1\npage 2 Married Persons Property Act 1986\nEffective: 07/11/13\nR8 (RI)\n24/02/14\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of Act\nThis Act is the Married Persons Property Act 1986.\n1A Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms\ndefined elsewhere in this Act.\nFor example, the signpost definition ‘court—see section 2.’ means that\nthe term ‘court’ is defined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n1B Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of\nnotes.\n2 Meaning of court\nIn this Act:\nNote A definition applies except so far as the contrary intention appears (see\nLegislation Act 2001, s 155).\ncourt means the Supreme Court or the Magistrates Court.\n3 Legal capacity of married women\n(1) Except as otherwise provided by another Territory law, a married\nwoman has, for all purposes, the same rights, privileges, powers,\ncapacities, duties and liabilities as a married man, whether she is\nacting in a personal, official, representative or fiduciary capacity.\n\nSection 4\nR8 (RI)\n24/02/14\nMarried Persons Property Act 1986\nEffective: 07/11/13\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Subsection (1) applies in relation to any married woman, whether\nshe was married before or after the commencement of this Act, and\nwhether or not her marriage took place in the ACT.\n4 Authority to pledge spouse’s credit\n(1) A husband living with his wife has the same presumed or implied\nauthority to pledge his wife’s credit as a wife living with her\nhusband has to pledge her husband’s credit.\n(2) Subsection (1) applies to 2 people in a domestic partnership who are\nnot married to each other in the same way as it applies to a husband\nand wife who are living together.\nNote For the meaning of domestic partnership, see Legislation Act, s 169.\n5 Agent of necessity\nAny rule of law or equity giving a married woman authority, as\nagent of necessity of her husband, to pledge his credit or to borrow\nmoney on his credit ceases to have any force or effect in the ACT.\n6 Restriction on anticipation or alienation\nAny instrument executed after the commencement of this Act is\nvoid to the extent that it purports to attach any restriction on\nanticipation or alienation to the enjoyment by a woman of any\nproperty that could not have been attached to the enjoyment by a\nman of that property.\n7 Debts incurred before marriage\nA married person is not liable for any debt incurred by his or her\nspouse before their marriage.\n\nSection 8\npage 4 Married Persons Property Act 1986\nEffective: 07/11/13\nR8 (RI)\n24/02/14\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Crimes in relation to spouse’s property\nAn act that would, if done by a married man in relation to any\nproperty of his wife, make him liable to criminal proceedings shall,\nif done by a married woman in relation to any property of her\nhusband, make her liable to criminal proceedings.\n9 Transfer of property to spouse, civil union partner, civil\npartner or child\n(1) If property or an interest in property paid for by a woman with her\nmoney, or owned by a woman—\n(a) is vested in or transferred to her husband, or her child or\nanother person to whom she stands in place of a parent; or\n(b) is vested jointly in or transferred jointly to herself and her\nhusband, or herself and her child or herself and another person\nto whom she stands in place of a parent;\nthen, unless the contrary intention appears, the same presumptions\nof gift or advancement shall be taken to arise in relation to the\nproperty or the interest in property, as the case may be, as would\narise if the property or interest had been paid for by a man with his\nmoney, or owned by a man, and had respectively—\n(c) vested in or been transferred to his wife, or his child or another\nperson to whom he stands in place of a parent; or\n(d) vested jointly in, or been transferred jointly to, himself and his\nwife, or himself and his child or himself and another person to\nwhom he stands in place of a parent.\n(2) If—\n(a) a person and the person’s spouse, civil union partner or civil\npartner both contribute to the purchase of property or an\ninterest in property; and\n\nSection 10\nR8 (RI)\n24/02/14\nMarried Persons Property Act 1986\nEffective: 07/11/13\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the property or interest is vested in or transferred to 1 spouse,\ncivil union partner or civil partner (the transferee);\nthe transferee is taken (unless the contrary intention appears) to hold\nthe property or interest in trust for the transferee and the transferee’s\nspouse, civil union partner or civil partner as joint tenants.\n10 Purchase or transfer of property before marriage, civil\nunion or civil partnership\n(1) If property or an interest in property paid for by a person with his or\nher money or owned by the person (the transferor) is, in the\ntransferor’s contemplation of his or her marriage to, or civil union or\ncivil partnership with, another person (the transferee) vested in or\ntransferred to the transferee then, unless the contrary intention\nappears—\n(a) until the marriage, civil union or civil partnership takes place,\nthe transferee shall be taken to hold the property, or the interest\nin property, as the case may be, in trust for the transferor; and\n(b) on the marriage, civil union or civil partnership, the transferee\nshall be taken to hold the property or interest absolutely.\n(2) If property or an interest in property paid for by a person with his or\nher money or owned by the person (the transferor) is, in the\ntransferor’s contemplation of his or her marriage to, or civil union or\ncivil partnership with, another person (the transferee), vested jointly\nin or transferred jointly to the transferor and the transferee then,\nunless the contrary intention appears—\n(a) until the marriage, civil union or civil partnership takes place,\nthe transferor and the transferee shall be taken to hold the\nproperty, or the interest in property, as the case may be, in trust\nfor the transferor; and\n(b) on the marriage, civil union or civil partnership, the transferor\nand the transferee shall be taken to hold the property or interest\nas joint tenants.\n\nSection 11\npage 6 Married Persons Property Act 1986\nEffective: 07/11/13\nR8 (RI)\n24/02/14\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If—\n(a) 2 persons, in contemplation of their marriage to, or civil union\nor civil partnership with, each other, both contribute to the\npurchase of property or an interest in property; and\n(b) the property or the interest in property, as the case may be, is\nvested in or transferred to one of the persons (the transferee),\nthen, unless the contrary intention appears—\n(c) until the marriage, civil union or civil partnership takes place,\nthe property or the interest shall be taken to be held by the\ntransferee in trust for himself or herself and the other person as\ntenants in common in shares proportionate to their respective\ncontributions; and\n(d) on the marriage, civil union or civil partnership, the property or\nthe interest shall be taken to be held by the transferee in trust\nfor himself or herself and the other person as joint tenants.\n11 Housekeeping allowances\nIf a person who is married or in a civil union or civil partnership\nmakes a payment or allowance to his or her spouse, civil union\npartner or civil partner to pay their joint household expenses or for\nsimilar purposes, any property bought with the payment or\nallowance and any money not spent from the payment or allowance\nshall, in the absence of any agreement to the contrary between the\nperson and his or her spouse, civil union partner or civil partner, be\ntaken to belong to the person and his or her spouse, civil union\npartner or civil partner as joint tenants.\n\nSection 12\nR8 (RI)\n24/02/14\nMarried Persons Property Act 1986\nEffective: 07/11/13\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n12 Beneficiaries who are married, in civil union or civil\npartnership\nFor the purposes of the construction of a will, deed or other\ninstrument in relation to a gift or other disposition of real or\npersonal property to 2 or more persons as joint tenants or as tenants\nin common, any person and his or her spouse, civil union partner or\ncivil partner included among those persons shall, unless the contrary\nintention is shown, be treated as 2 separate persons for the purpose\nof calculating the share of the property to which each of the persons\nis entitled.\n13 Applications to decide property disputes\n(1) This section applies if any question arises between a person and his\nor her spouse, civil union partner or civil partner in relation to the\ntitle to, or possession or disposition of, any property (including any\nquestion in relation to the investment by one of them of money of\nthe other without the consent of the other).\n(2) The person, or a third party on whom conflicting claims are being or\nare expected to be made by the person and his or her spouse, civil\nunion partner or civil partner in relation to any property, may apply\nto the court to hear and decide the question.\n14 Jurisdiction of Magistrates Court\nThe jurisdiction of the Magistrates Court to hear and decide a\nquestion mentioned in section 13 is—\n(a) subject to the Magistrates Court Act 1930, section 264\n(Proceedings affecting title to land); and\n(b) limited to a case where the question relates to property having\na value that is not more than the amount mentioned in the\nMagistrates Court Act 1930, section 257 (1) (Personal actions\nat law—amount or value).\n\nSection 15\npage 8 Married Persons Property Act 1986\nEffective: 07/11/13\nR8 (RI)\n24/02/14\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n15 Powers of the court\n(1) In proceedings instituted by an application under section 13 in\nrelation to property the court may, on the application of a party to\nthe proceedings, grant an injunction restraining any person from\nmaking any threatened or apprehended transfer, assignment, sale or\nother disposition of the property until the application under\nsection 13 is heard and decided.\n(2) On the hearing of an application under section 13 in relation to\nproperty the court may make any orders in relation to the title to, or\nthe possession or disposition of, the property it considers\nappropriate, and may, in particular, make orders for the sale of the\nproperty and the division of the proceeds of sale, or for the partition\nor division of the property.\n(3) For the purpose of giving effect to any order made in relation to\nproperty under subsection (2), the court may set aside any transfer,\nassignment, sale or other disposition of the property that was made\nwith a view to defeating an existing or apprehended order in relation\nto the property.\n(4) When making an order in relation to property under subsection (2),\nthe court shall have regard to the interests of, and shall make any\norder proper for the protection of, a person who purchased the\nproperty in good faith or any other interested person.\n(5) If an application under section 13 relates to money of the spouse,\ncivil union partner or civil partner of a person that was invested by\nthe person without the consent of the spouse, civil union partner or\ncivil partner, the court may order that the amount of the money and\nany interest, dividend or other profit derived from the money be\npaid to the spouse, civil union partner or civil partner.\n(6) If a third party referred to in section 13 makes an application under\nthat section, the third party shall, for the purposes of the proceedings\nin relation to the application, be treated as a stakeholder only.\n\nSection 15\nR8 (RI)\n24/02/14\nMarried Persons Property Act 1986\nEffective: 07/11/13\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(7) On the hearing of an application under section 13 or subsection (1),\nthe court may direct any inquiry about the matters in question to be\nmade in any way the court considers appropriate.\n(8) Nothing in this Act shall be taken to affect any power of the court\ngiven by any other Territory law.\n\nDictionary\npage 10 Married Persons Property Act 1986\nEffective: 07/11/13\nR8 (RI)\n24/02/14\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 1A)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1 defines the following terms:\n civil partner\n civil partnership\n civil union\n civil union partner\n Magistrates Court\n Supreme Court\n territory law.\ncourt—see section 2.\n\nEndnotes\nAbout the endnotes 1\nR8 (RI)\n24/02/14\nMarried Persons Property Act 1986\nEffective: 07/11/13\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished\nlaw but are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The\ndetails of these laws are underlined in the legislation history. Uncommenced\nexpiries are underlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 12 Married Persons Property Act 1986\nEffective: 07/11/13\nR8 (RI)\n24/02/14\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis Act was originally a Commonwealth ordinance—the Married Persons’\nProperty Ordinance 1986 Ord1986-18 (Cwlth).\nThe Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)\nconverted most former Commonwealth ordinances in force in the ACT into ACT\nenactments. This allowed the ACT Legislative Assembly to amend and repeal the\nlaws. This Act was converted into an ACT enactment on 11 May 1989 (self-\ngovernment day).\nAs with most ordinances in force in the ACT, the name was changed from\nOrdinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21,\ns 5 on 11 May 1989 (self-government day).\nThe name of the Act was later changed to the Married Persons Property Act 1986\nunder the Legislation Act 2001.\nBefore 11 May 1989, ordinances commenced on their notification day unless\notherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth),\ns 12).\nLegislation before becoming Territory enactment\nMarried Persons Property Act 1986 A1986-18\nnotified 26 June 1986\ncommenced 26 June 1986\nas amended by\nMagistrates Court (Civil Jurisdiction) (Amendment) Ordinance 1988\nOrd1988-81 s 9\nnotified 14 December 1988\ncommenced 3 January 1989 (s 2)\nLegislation after becoming Territory enactment\nStatute Law Revision Act 1995 A1995-46 sch\nnotified 18 December 1995 (Gaz 1995 No S306)\namdts commenced 18 December 1995 (s 2)\n\nEndnotes\nLegislation history 3\nR8 (RI)\n24/02/14\nMarried Persons Property Act 1986\nEffective: 07/11/13\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSexuality Discrimination Legislation Amendment Act 2004 A2004-2\nsch 1 pt 1.10\nnotified LR 18 February 2004\ns 1, s 2 commenced 18 February 2004 (LA s 75 (1))\nsch 1 pt 1.10 commenced 22 March 2004 (s 2 and CN2004-4)\nCourt Procedures (Consequential Amendments) Act 2004 A2004-60\nsch 1 pt 1.53\nnotified LR 2 September 2004\ns 1, s 2 commenced 2 September 2004 (LA s 75 (1))\nsch 1 pt 1.53 commenced 10 January 2005 (s 2 and see Court\nProcedures Act 2004 A2004-59, s 2 and CN2004-29)\nCivil Unions Act 2006 A2006-22 sch 1 pt 1.22\nnotified LR 19 May 2006\ns 1, s 2 commenced 19 May 2006 (LA s 75 (1))\nsch 1 pt 1.22 never commenced\nNote Act repealed by disallowance 14 June 2006 (see Cwlth\nGaz 2006 No S93)\nStatute Law Amendment Act 2007 A2007-3 sch 3 pt 3.67\nnotified LR 22 March 2007\ns 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))\nsch 3 pt 3.67 commenced 12 April 2007 (s 2 (1))\nCivil Partnerships Act 2008 A2008-14 sch 1 pt 1.18\nnotified LR 15 May 2008\ns 1, s 2 commenced 15 May 2008 (LA s 75 (1))\nsch 1 pt 1.18 commenced 19 May 2008 (s 2 and CN2008-8)\nCivil Unions Act 2012 A2012-40 sch 3 pt 3.20\nnotified LR 4 September 2012\ns 1, s 2 commenced 4 September 2012 (LA s 75 (1))\nsch 3 pt 3.20 commenced 11 September 2012 (s 2)\nMarriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.18\nnotified LR 4 November 2013\ns 1, s 2 commenced 4 November (LA s 75 (1))\nsch 2 pt 2.18 commenced 7 November 2013 (s 2 and CN2013-11)\nNote The High Court held this Act to be of no effect (see\nCommonwealth v Australian Capital Territory [2013] HCA 55)\n\nEndnotes\n4 Amendment history\npage 14 Married Persons Property Act 1986\nEffective: 07/11/13\nR8 (RI)\n24/02/14\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nLong title\nlong title am A2006-22 amdt 1.75 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93)); A2008-14\namdt 1.45; A2012-40 amdt 3.67\nName of Act\ns 1 hdg am R2 LA\ns 1 am R2 LA\nDictionary\ns 1A ins A2007-3 amdt 3.369\nNotes\ns 1B ins A2007-3 amdt 3.369\nAuthority to pledge spouse’s credit\ns 4 am A2004-2 amdt 1.32, A2013-39 amdt 2.39 (A2013-39 never\neffective (see Commonwealth v Australian Capital Territory\n[2013] HCA 55))\nDebts incurred before marriage\ns 7 am 7 A2013-39 amdt 2.40 (A2013-39 never effective (see\nCommonwealth v Australian Capital Territory [2013] HCA\n55))\nTransfer of property to spouse, civil union partner, civil partner or child\ns 9 hdg sub A2006-22 amdt 1.76 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93)); A2008-14\namdt 1.46; A2012-40 amdt 3.68\ns 9 am A2006-22 amdt 1.77, amdt 1.78 (A2006-22 rep before\ncommenced by disallowance (see Cwlth Gaz 2006 No S93));\nA2008-14 amdt 1.47; A2012-40 amdt 3.69\nPurchase or transfer of property before marriage or civil partnership\ns 10 hdg sub A2006-22 amdt 1.79 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93)); A2008-14\namdt 1.48; A2012-40 amdt 3.70, 8 A2013-39 amdt 2.41\n(A2013-39 never effective (see Commonwealth v Australian\nCapital Territory [2013] HCA 55))\ns 10 am A2006-22 amdts 1.80-1.88 (A2006-22 rep before\ncommenced by disallowance (see Cwlth Gaz 2006 No S93));\nA2008-14 amdts 1.49-1.57; A2012-40 amdts 3.71-3.76,\n9\nA2013-39 amdts 2.42-2.47 (A2013-39 never effective (see\nCommonwealth v Australian Capital Territory [2013] HCA\n55))\n\nEndnotes\nAmendment history 4\nR8 (RI)\n24/02/14\nMarried Persons Property Act 1986\nEffective: 07/11/13\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nHousekeeping allowances\ns 11 am A2006-22 amdt 1.89, amdt 1.90 (A2006-22 rep before\ncommenced by disallowance (see Cwlth Gaz 2006 No S93));\nA2008-14 amdt 1.58, amdt 1.59; A2012-40 amdt 3.77,\namdt 3.78, 1 A2013-39 amdt 2.48 (A2013-39 never effective\n(see Commonwealth v Australian Capital Territory [2013]\nHCA 55))\nBeneficiaries who are married, in civil union or civil partnership\ns 12 hdg sub A2006-22 amdt 1.91 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93)); A2008-14\namdt 1.60; A2012-40 amdt 3.79\ns 12 am A2006-22 amdt 1.92 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93)); A2008-14\namdt 1.61; A2012-40 amdt 3.80, 1 A2013-39 amdt 2.48\n(A2013-39 never effective (see Commonwealth v Australian\nCapital Territory [2013] HCA 55))\nApplications to decide property disputes\ns 13 am A2004-60 amdt 1.589\nsub A2006-22 amdt 1.93 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93)); A2008-14\namdt 1.62\nam A2012-40 amdt 3.81, 1 A2013-39 amdt 2.48 (A2013-39\nnever effective (see Commonwealth v Australian Capital\nTerritory [2013] HCA 55))\nJurisdiction of Magistrates Court\ns 14 hdg sub A2004-60 amdt 1.590\ns 14 am Ord1988-81 s 9; A1995-46 sch\nsub A2004-60 amdt 1.590\nPowers of the Court\ns 15 am A2004-60 amdt 1.591; A2006-22 amdt 1.94 (A2006-22 rep\nbefore commenced by disallowance (see Cwlth Gaz 2006\nNo S93)); A2008-14 amdt 1.63; A2012-40 amdt 3.82\nDictionary\ndict ins A2007-3 amdt 3.370\nam A2008-14 amdt 1.64; A2012-40 amdt 3.83, 1 A2013-39\namdt 2.49 (A2013-39 never effective (see Commonwealth v\nAustralian Capital Territory [2013] HCA 55))\ndef court ins A2007-3 amdt 3.370\n\nEndnotes\n5 Earlier republications\npage 16 Married Persons Property Act 1986\nEffective: 07/11/13\nR8 (RI)\n24/02/14\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications\nare marked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 Ord1988-81 31 July 1991\n2 A1995-46 17 July 2002\n3 A2004-2 22 March 2004\n4 A2004-60 10 January 2005\n5 A2007-3 12 April 2007\n6 A2008-14 19 May 2008\n7 A2012-40 11 September 2012\n8 A2013-39 (never effective) 7 November 2013\n© Australian Capital Territory 2014","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"Originally enacted in 1986 as the Married Persons' Property Ordinance, the legislation was clearly focused on married couples and correcting historical gender inequalities in property law. Over time, particularly through amendments in 2008 (Civil Partnerships Act) and 2012 (Civil Unions Act), the scope expanded significantly to include civil unions and civil partnerships. The 2013 amendment (later invalidated by the High Court) attempted to include same-sex marriage. The Act's long title was amended to reflect this broader coverage. While the core purpose—regulating property rights between domestic partners—remains, the legislation now governs diverse relationship forms far beyond its original 'married persons' scope."},"complexity_factors":["Multiple relationship types covered (marriage, civil union, civil partnership) requiring parallel drafting throughout","Several 'unless the contrary intention appears' clauses creating conditional presumptions","Trust law concepts embedded in property transfer rules (joint tenants, tenants in common, resulting trusts)","Cross-references to external legislation (Magistrates Court Act 1930, Legislation Act 2001) for definitions and jurisdictional limits","Nested subsections in property transfer provisions (section 10 has three scenarios with dual-stage timing: before and after marriage/union)","Historical layering visible in amendment history showing multiple attempts to include same-sex relationship recognition (2006, 2008, 2012, 2013)"],"plain_english_summary":"This Act sets out property rights and financial duties for married couples and people in civil unions or partnerships, guaranteeing married women equal legal rights to own, buy, and sell property and removing older rules of legal inferiority.\n\nIt limits when one partner can pledge the other’s credit, generally converts pre-relationship property to joint ownership on formalisation, treats housekeeping money as jointly owned unless agreed otherwise, lets courts resolve disputes, and makes clear you aren’t liable for your partner’s pre-existing debts."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Since its original enactment the Act has been amended to broaden its coverage and modernise its language. Notably, provisions that originally targeted \"married\" persons were extended to cover civil unions and civil partnerships (see ss 9–12 and s 10 amendments reflected in the history). Section 3 expressly equalises the legal capacity of married women with married men, removing gender-based legal disabilities. These changes move the Act beyond a narrow 1980s focus on \"married persons\" to a wider set of couple relationships and to gender-neutral operation; they also introduce additional defined relationship terms that rely on the Legislation Act for meaning."},"complexity_factors":["Short Act: 15 substantive sections plus a dictionary","Few defined terms in the Act itself (mainly 'court' in s 2), with other relationship terms drawn from the Legislation Act","Several 'unless the contrary intention appears' presumptions (ss 9–11, s 10) that require factual inquiry to rebut","Some cross-references to other Territory laws (Legislation Act for defined relationship terms; Magistrates Court Act for jurisdiction and monetary limits in s 14)","A moderate number of conditional provisions (transfers before marriage vs after marriage; joint vesting vs single transferee; third‑party stakeholder treatment)","Amendment history adds complexity for interpretation (inclusion of civil unions/civil partnerships across multiple sections)"],"plain_english_summary":"**What this law does (mechanically)\n\n- Establishes rules about ownership, transfer and disputes over property between people who are married, in a civil union or in a civil partnership (see s 1, s 1A and the Dictionary).  The term \"court\" for this Act means the Supreme Court or the Magistrates Court (s 2).\n\n- Gives married women the same legal capacity as married men for all purposes (s 3).  That is, the Act removes any legal disabilities that previously treated married women differently from married men.\n\n- Treats each spouse as having the same implied authority to pledge the other spouse's credit (s 4).  The same presumption applies to domestic partners who are not married (s 4(2)).\n\n- Abolishes old rules that allowed a married woman, as an \"agent of necessity,\" to borrow on behalf of her husband (s 5).\n\n- Declares void any instrument made after the Act starts that attaches to a woman’s property restrictions on anticipation or alienation that would not be attachable to a man’s property (s 6).\n\n- Provides that one spouse is not liable for debts the other incurred before the marriage (s 7).\n\n- Equates criminal liability for wrongful acts relating to a spouse’s property: an act criminal if done by a man in relation to his wife’s property is equally criminal if done by a woman in relation to her husband’s property (s 8).\n\n- Sets out presumptions about transfers between spouses, civil union partners or civil partners: where property paid for or owned by one spouse is transferred to the other, or vested jointly, the same presumptions of gift or advancement apply as would apply when a man transfers to his wife (s 9).\n\n- Creates trust presumptions for transfers made in contemplation of marriage, civil union or civil partnership and changes the legal character of such holdings on the formation of the relationship (s 10).  For example, property transferred to a person in contemplation of marriage is held on trust for the transferor until the marriage; on marriage it is taken to be held absolutely or as joint tenants depending on the arrangement (s 10(1)–(2)).  Where both parties contribute before marriage, their shares are treated as tenants in common until marriage and as joint tenants on marriage (s 10(3)).\n\n- Declares that household payments or allowances used to buy property or left unspent will be taken, absent an agreement to the contrary, to belong to the payer and their spouse as joint tenants (s 11).\n\n- For will and deed construction, treats a person and that person's spouse/civil union partner/civil partner as separate persons when calculating shares where property is left to two or more persons (s 12).\n\n- Gives parties (or a third party facing conflicting claims) a right to apply to court to decide title, possession or disposition questions between spouses/civil union partners/civil partners (s 13).  The Magistrates Court can hear these claims subject to its jurisdictional monetary limits and particular rules about land (s 14).\n\n- Gives the court broad powers in such proceedings: injunctions to preserve property pending decision, orders about title/possession/sale/partition and division of proceeds, the power to set aside transfers made to defeat a pending or apprehended order, protection for bona fide purchasers, orders requiring the return of invested funds and their returns, and ability to treat a third-party applicant as a stakeholder (s 15(1)–(7)).\n\n\nWhy it matters (purpose claims and practical effects)\n\n- The Act equalises legal capacity between married men and women (s 3), and extends many provisions to couples in civil unions and civil partnerships (throughout, notably ss 9–12).  The stated practical purpose is to remove gender-based legal disabilities and to provide clear rules for how property contributed or transferred between partners is treated.\n\n- The presumptions in ss 9–11 create default property ownership consequences (gift/advancement, resulting trusts or joint tenancy) unless a contrary intention is shown.  That changes the allocation of property rights unless parties document different arrangements.  Mechanically, this shifts the evidential and transactional burden onto persons who want a different outcome: they must show contrary intention or make a written agreement to rebut the statutory presumption.\n\n- The court powers in ss 13–15 give a relatively quick civil route to freeze or resolve property disputes between partners; however, the Magistrates Court’s monetary limits (s 14) constrain access for higher-value property disputes and can push parties to the Supreme Court where procedures and costs differ.\n\n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: primarily the parties to a relationship who transfer or invest money or property (ss 9–11).  Purchasers who rely on apparent title or bona fide purchasers may be protected (s 15(4)), but persons who arrange transfers to defeat an impending claim may have those transfers set aside (s 15(3)).  Debt liability is not transferred for pre-marriage debts (s 7).\n\n- Who decides: courts (Supreme Court or Magistrates Court) decide disputes or grant interim injunctions (ss 2, 13–15).  The Magistrates Court has a value limit (s 14) tied to the Magistrates Court Act.\n\n- Behaviour changes: people are incentivised to record clear written intentions when transferring property between partners (because of the \"unless the contrary intention appears\" formula in ss 9–11 and 10).  Those who make transfers in contemplation of marriage should be aware that the law presumes trust holdings until marriage, then joint tenancy on marriage (s 10).  Parties wanting to avoid automatic joint tenancy on marriage should document their shares explicitly.\n\n\nCosts, incentives, trade-offs and implementation risks\n\n- Costs and compliance burden: the main non-state cost is transaction/documentation cost.  To avoid statutory presumptions, parties must create clear written agreements (sale/purchase contracts, declarations of trust, wills or de facto property agreements).  Legal advice and formal paperwork will increase up-front costs for couples who want bespoke arrangements.\n\n- Incentives and substitution effects: the presumptions simplify many small disputes by supplying defaults but incentivise formal written arrangements where parties want different outcomes.  People may restructure title (e.g. keep property solely in one name with a clear trust declaration) to avoid joint-tenancy consequences.\n\n- Opportunity costs and enforcement risk: the court’s power to set aside transfers made to defeat an order (s 15(3)) reduces the effectiveness of last-minute transfers intended to frustrate an opposing party; that creates litigation risk and may prompt pre-emptive planning.  The Magistrates Court’s monetary ceiling (s 14) may force higher-value disputes into a higher court with greater cost and delay.\n\n- Concentrated benefits and diffuse costs: parties who successfully rely on the presumptions (for example, a spouse who receives property under a housekeeping allowance—s 11) obtain a direct, concentrated benefit.  The costs of additional documentation and litigation risk are dispersed across persons entering relationships in the ACT.\n\n- Bureaucratic discretion and evidential issues: the Act leaves factual questions (whether a contrary intention appears) to judicial determination, which introduces evidential uncertainty.  That increases reliance on written evidence and can increase litigation over intangible contributions.\n\n\nKey sections to check when acting under this Act\n\n- Equality of capacity: s 3.\n- Presumptions on transfers between partners: ss 9–11.\n- Transfers in contemplation of marriage/civil union/civil partnership and resulting trust rules: s 10.\n- Court remedies and powers (injunctions, sale, partition, setting aside transfers): s 15.\n\n(References are to section numbers in the Act.)"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/married-persons-property-act-1986","history":"/api/acts/married-persons-property-act-1986/history","analysis":"/api/acts/married-persons-property-act-1986/analysis","conflicts":"/api/acts/married-persons-property-act-1986/conflicts","importantCases":"/api/acts/married-persons-property-act-1986/important-cases","documents":"/api/acts/married-persons-property-act-1986/documents"}}