10Money spent within two years by husband in improving wife's land, &c.

### 10 Money spent within two years by husband in improving wife's land, &c. > *\[Section 10 Amended by No. 61 of 1966, s. 7 \]* > > > (1)  [*\[Section 10 Subsection (1) amended by No. 73 of 1993, Sched. 1, Applied:30 Mar 1998\]*](/view/html/inforce/1998-03-30/act-1993-073#JS1@Ja3@GC4@Hpg@EN) Any such person as aforesaid may apply by summons to a judge or to a magistrate in any case in which a husband has, within two years before the date of such summons, erected buildings upon or otherwise improved land of his wife, or has purchased land in her name, or provided money to purchase land in her name or on her behalf. > > > (2)  [*\[Section 10 Subsection (2) amended by No. 73 of 1993, Sched. 1, Applied:30 Mar 1998\]*](/view/html/inforce/1998-03-30/act-1993-073#JS1@Ja3@GC4@Hph@EN) The judge or magistrate, upon hearing such summons, may fix the value of the land, if and so far as the same belongs to the wife independently of any such act as aforesaid by her husband and shall ascertain the value of the improvements or the amount expended or paid upon or for such land, and may order the wife to pay the amount so ascertained, or so much thereof as may suffice to satisfy the claim of the applicant. > > > (3)  [*\[Section 10 Subsection (3) amended by No. 13 of 2012, s. 45, Applied:30 May 2012\]*](/view/html/inforce/2012-05-30/act-2012-013#GS45@EN) [*\[Section 10 Subsection (3) amended by No. 73 of 1993, Sched. 1, Applied:30 Mar 1998\]*](/view/html/inforce/1998-03-30/act-1993-073#JS1@Ja3@GC4@Hpi@EN) If the wife fails to comply with such order, the judge or magistrate, by the same or a subsequent order, may direct the Sheriff or, as the case requires, a bailiff of the Magistrates Court (Civil Division) to sell such land, or a sufficient part thereof, and to transfer the same as if he were proceeding under a writ of *fieri facias* or, as the case may be, a warrant of execution, and out of the proceeds arising from such sale the amount so fixed by the judge or magistrate as the value of the land belonging to the wife as aforesaid, shall be paid to the wife, and the amount so ascertained by the judge or magistrate shall be retained by the Sheriff or bailiff for the person taking out the summons, and the balance shall be paid to the wife; and the costs of the proceedings shall be in the discretion of the judge or magistrate. > > > (4)  On any application under this section or [section 8](#GS8@EN) or [section 9](#GS9@EN) , evidence may be given orally or by affidavit or in both such ways; and on any appeal the court may allow further evidence to be adduced.