Section 44 — Property (Relationships) Act 1976: Dispositions may be set aside

44 Dispositions may be set aside (1) Where the High Court or a District Court or a Family Court is satisfied that any disposition of property has been made, whether for value or not, by or on behalf of or by direction of or in the interests of any person in order to defeat the claim or rights of any person ( party B ) under this Act, the Court may make any order under subsection (2) of this section. (1A) The Court may make an order under this section on the application of party B, or (in any proceedings under this Act or otherwise) on its own initiative. (2) In any case to which subsection (1) of this section applies, the Court may, subject to subsection (4) of this section,— (a) Order that any person to whom the disposition was made and who received the property otherwise than in good faith and for valuable consideration, or his or her personal representative, shall transfer the property or any part thereof to such person as the Court directs; or (b) Order that any person to whom the disposition was made and who received the property otherwise than in good faith and for adequate consideration, or his or her personal representative, shall pay into Court, or to such person as the Court directs, a sum not exceeding the difference between the value of the consideration (if any) and the value of the property; or (c) Order that any person who has, otherwise than in good faith and for valuable consideration, received any interest in the property from the person to whom the disposition was so made, or his or her personal representative, or any person who received that interest from any such person otherwise than in good faith and for valuable consideration, shall transfer that interest to such person as the Court directs, or shall pay into Court or to such person as the Court directs a sum not exceeding the value of the interest. (3) For the purposes of giving effect to any order under subsection (2) of this section, the Court may make such further order as it thinks fit. (4) Relief (whether under this section, or in equity, or otherwise) in any case to which subsection (1) of this section applies shall be denied wholly or in part, if the person from whom relief is sought received the property or interest in good faith, and has so altered his or her position in reliance on his or her having an indefeasible interest in the property or interest that in the opinion of the Court, having regard to all possible implications in respect of other persons, it is inequitable to grant relief, or to grant relief in full, as the case may be. Compare: 1963 No 71 s 81 Subsection (1) was amended, as from 1 October 1981, by section 17(1) Family Courts Act 1980 (1980 No 161) by substituting the words “ the High Court or a District Court or a Family Court ” for the word “ Court ” . Subsection (1) was amended, as from 1 February 2002, by section 50(1)(a) Property (Relationships) Amendment Act 2001 (2001 No 5) by inserting, after the words “ any person ” where they appear for the second time, the expression “ ( party B ) ” . See Part 9 of this Act as to the transitional and saving provisions. Subsection (1) was amended, as from 1 February 2002, by section 50(1)(b) Property (Relationships) Amendment Act 2001 (2001 No 5) by omitting the words “ , on the application of that second-named person, ” . See Part 9 of this Act as to the transitional and saving provisions. Subsection (1A) was inserted, as from 1 February 2002, by section 50(2) Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. Subsection (2)(a) to (c) were amended, as from 1 February 2002, by section 50(3) Property (Relationships) Amendment Act 2001 (2001 No 5) by inserting, after the word “ his ” in each case where it occurs, the words “ or her ” . See Part 9 of this Act as to the transitional and saving provisions. Subsection (4) was amended, as from 1 February 2002, by section 50(4) Property (Relationships) Amendment Act 2001 (2001 No 5) by inserting, after the word “ his ” in both places where it occurs, the words “ or her ” . See Part 9 of this Act as to the transitional and saving provisions.