9Questions between married woman and husband's creditors

### 9 Questions between married woman and husband's creditors > > (1)  [*\[Section 9 Subsection (1) amended by No. 73 of 1993, Sched. 1, Applied:30 Mar 1998\]*](/view/html/inforce/1998-03-30/act-1993-073#JS1@Ja3@GC4@Hpd@EN) *\[Section 9 Subsection (1) amended by No. 61 of 1965, s. 6 \]*If any question shall arise between a married woman and any judgment creditor of her husband, or the Sheriff or any bailiff, trustee, liquidator, or other person acting on behalf of any creditor of her husband, in respect of the ownership of any property, it shall be lawful for such judgment creditor, Sheriff, bailiff, trustee, liquidator, or other person, or for such married woman, to apply by summons to a judge or to a magistrate to have such question determined. > > > (2)  [*\[Section 9 Subsection (2) amended by No. 73 of 1993, Sched. 1, Applied:30 Mar 1998\]*](/view/html/inforce/1998-03-30/act-1993-073#JS1@Ja3@GC4@Hpe@EN) *\[Section 9 Subsection (2) amended by No. 61 of 1965, s. 6 \]*Upon the hearing of such application, the judge or magistrate may make such order with respect to the property in dispute, and as to the costs of and incidental to the application, as he thinks fit, and may direct any inquiry touching the matters in question to be made in such manner as he thinks fit. > > > (3)  In all cases where such application is determined in favour of the married woman, the costs payable to such married woman shall be costs as between solicitor and client. > > > (4)  On the hearing of any such application the onus of proof as to the ownership of any property in dispute shall rest upon the married woman in all cases where such property has, within two years before the date of the summons, come into her possession. > > > (5)  [*\[Section 9 Subsection (5) amended by No. 73 of 1993, Sched. 1, Applied:30 Mar 1998\]*](/view/html/inforce/1998-03-30/act-1993-073#JS1@Ja3@GC4@Hpf@EN) *\[Section 9 Subsection (5) amended by No. 61 of 1965, s. 6 \]*The judge or magistrate on any such application may declare any gift or transfer of such property from a husband to a wife made within two years before the date of the summons in order to defeat or delay his creditors, or which has the effect of defeating or delaying his creditors, to be void.