Section 23 — Property (Relationships) Act 1976: Who can apply

23 Who can apply (1) The following persons may apply for an order under section 25(1)(a) or (b) or an order or declaration under section 25(3) : (a) either spouse or partner, or both of them jointly: (b) any person on whom the spouses or partners have made conflicting claims in respect of property. (2) The Official Assignee in Bankruptcy of the property of either spouse or partner may not apply for an order under section 25(1)(a) , but may apply for an order under section 25(1)(b) or an order or declaration under section 25(3) . (3) If 1 of the spouses or partners has died, the application of this section is modified by section 88 (except in a situation described in section 10D(1)) . Section 23 was substituted, as from 1 February 2002, by section 24 Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. Subsection (1)(a) was amended, as from 26 April 2005, by section 3(2) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partner ” for the words “ de facto partner ” . Subsection (1)(b) was amended, as from 26 April 2005, by section 3(1) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partners ” for the words “ de facto partners ” . Subsection (2) was amended, as from 26 April 2005, by section 3(2) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partner ” for the words “ de facto partner ” . Subsection (3) was amended, as from 26 April 2005, by section 3(1) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partners ” for the words “ de facto partners ” .