Commentary on Sections Part 2 – Civil Partnership: England and Wales.Introduction Chapter 3 – Property and financial arrangements Section 65: Contribution by civil partner to property improvement
124.This section provides that where a civil partner has made a substantial contribution in money or money’s worth to the improvement of property in which either or both the civil partners have an interest he or she is to be treated as having acquired a share or an enlarged share in that property. The extent of the share will be determined by any agreement made between the parties. Alternatively if there is no agreement, it will be determined by what may seem in all the circumstances just to any court before which the question of the existence or extent of the beneficial interest of either of the civil partners arises. The contributing civil partner will not be treated as acquiring a share or an enlarged share where there is an express or implied agreement between the parties to the contrary.