44(1)Any interested person may apply to the Court for the determination of any question between a spouse or former spouse and his or her spouse or former spouse as to the ownership or right to possession of any property, and the Court may do the following and may make such other orders or directions as are ancillary to the order or declaration:

44(2)In determining any question referred to in subsection (1), the Court shall regard any contribution in terms of work, money or money’s worth with respect to the acquisition, management, maintenance, operation or improvement of property as a contribution giving rise to an interest in the property, and the Court shall determine and assess the contribution without regard to the relationship of married persons or the fact that the acts constituting the contribution are those of a reasonable spouse in the circumstances.

44(3)If both spouses or former spouses have contributed substantially to the acquisition, management, maintenance, operation or improvement of property, the contributions of the spouses or former spouses shall be presumed to have been equal, and the onus lies on the spouse or former spouse claiming the larger share to establish that he or she made the greater contribution.

44(4)If an application is made under subsection (1), each spouse or former spouse who is a party shall, in the manner and form prescribed by the Rules of Court, file with the Court and serve on the other spouse or former spouse who is a party a statement verified by oath or statutory declaration disclosing particulars of that party’s contribution to the property in question.

44(5)If, in the opinion of the Court, the public disclosure of any information required to be contained in the statement under subsection (4) would be a hardship on the person giving the statement or on any other person, the Court may order that the statement and any cross-examination on it be treated as confidential and not form part of the public record.

44(6)If the Court orders security for the performance of any obligation imposed by an order under this section or charges the property with it, the Court may, on application and notice to all persons having an interest in the property, direct its sale for the purpose of realizing the security or charge.

44(7)In or pending an application under this section, the Court may make such interim orders as it considers necessary for restraining the disposition or impoverishment of the property with respect to which the application is or will be made, and for the possession, delivering up, safekeeping and preservation of the property.

44(8)An application shall not be made under subsection (1) with respect to any property if an application or an order has been made respecting that property under Part 1.

44(1)Any interested person may apply to the Court for the determination of any question between a spouse or former spouse and his or her spouse or former spouse as to the ownership or right to possession of any property, and the Court may do the following and may make such other orders or directions as are ancillary to the order or declaration:

44(2)In determining any question referred to in subsection (1), the Court shall regard any contribution in terms of work, money or money’s worth with respect to the acquisition, management, maintenance, operation or improvement of property as a contribution giving rise to an interest in the property, and the Court shall determine and assess the contribution without regard to the relationship of married persons or the fact that the acts constituting the contribution are those of a reasonable spouse in the circumstances.

44(3)If both spouses or former spouses have contributed substantially to the acquisition, management, maintenance, operation or improvement of property, the contributions of the spouses or former spouses shall be presumed to have been equal, and the onus lies on the spouse or former spouse claiming the larger share to establish that he or she made the greater contribution.

44(4)If an application is made under subsection (1), each spouse or former spouse who is a party shall, in the manner and form prescribed by the Rules of Court, file with the Court and serve on the other spouse or former spouse who is a party a statement verified by oath or statutory declaration disclosing particulars of that party’s contribution to the property in question.

44(5)If, in the opinion of the Court, the public disclosure of any information required to be contained in the statement under subsection (4) would be a hardship on the person giving the statement or on any other person, the Court may order that the statement and any cross-examination on it be treated as confidential and not form part of the public record.

44(6)If the Court orders security for the performance of any obligation imposed by an order under this section or charges the property with it, the Court may, on application and notice to all persons having an interest in the property, direct its sale for the purpose of realizing the security or charge.

44(7)In or pending an application under this section, the Court may make such interim orders as it considers necessary for restraining the disposition or impoverishment of the property with respect to which the application is or will be made, and for the possession, delivering up, safekeeping and preservation of the property.

44(8)An application shall not be made under subsection (1) with respect to any property if an application or an order has been made respecting that property under Part 1.