Jurisdiction(s):
United Kingdom

MWPA 1882 s 17/CPA 2004 s 66 applications: scope, orders, eligibility and strategic use (improvements, engaged couples, interim sale), and overlap with MCA 1973/TOLATA—England and Wales

Published by a LexisNexis Family expert

Practice notes

This Practice Note outlines the types of orders available under section 17 of the Married Women’s Property Act 1882 (MWPA 1882) and the cognate provision in the Civil Partnership Act 2004 (CPA 2004), as broadened by a number of other statutes over time. It explains who may seek such relief and the circumstances in which these provisions may assist in practice, and highlights specific topics, such as contributions towards enhancing property and the entitlements of formerly engaged couples. It also describes how proceedings under MWPA 1882, s 17 / CPA 2004, s 66 interact with applications for a financial order between parties to matrimonial or civil partnership proceedings. On enactment, the MWPA 1882 markedly altered the legal rights of married women at the time. Most of the MWPA 1882 has since been repealed in subsequent reforms. Nonetheless, MWPA 1882, s 17 remains operative and, together with other legislation widening its scope, offers a discrete procedural pathway enabling the court to make whatever order it deems appropriate where necessary in relation to questions concerning the title to, or possession of, property...

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Web page updated on 22/05/2026

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