Equality Act 2010, section 199

Part 15 Family property

Prospective

Part 15 Family property

198 Abolition of husband's duty to maintain wife

The rule of common law that a husband must maintain his wife is abolished.

199 Abolition of presumption of advancement

(1)The presumption of advancement (by which, for example, a husband is presumed to be making a gift to his wife if he transfers property to her, or purchases property in her name) is abolished.

(2)The abolition by subsection (1) of the presumption of advancement does not have effect in relation to—

(a)anything done before the commencement of this section, or

(b)anything done pursuant to any obligation incurred before the commencement of this section.

200 Amendment of Married Women's Property Act 1964

(1)In section 1 of the Married Women's Property Act 1964 (money and property derived from housekeeping allowance made by husband to be treated as belonging to husband and wife in equal shares)—

(a)for “the husband for” substitute “either of them for”, and

(b)for “the husband and the wife” substitute “them”.

(2)Accordingly, that Act may be cited as the Matrimonial Property Act 1964.

(3)The amendments made by this section do not have effect in relation to any allowance made before the commencement of this section.

201 Civil partners: housekeeping allowance

(1)After section 70 of the Civil Partnership Act 2004 insert—

“70A Money and property derived from housekeeping allowance

Section 1 of the Matrimonial Property Act 1964 (money and property derived from housekeeping allowance to be treated as belonging to husband and wife in equal shares) applies in relation to—

(a)money derived from any allowance made by a civil partner for the expenses of the civil partnership home or for similar purposes, and

(b)any property acquired out of such money,

as it applies in relation to money derived from any allowance made by a husband or wife for the expenses of the matrimonial home or for similar purposes, and any property acquired out of such money.”

(2)The amendment made by this section does not have effect in relation to any allowance made before the commencement of this section.

Cases considering section 199 7

Jones v Kernott

[2011] UKSC 53 · 9 November 2011Disapplies

The court noted that section 199, when brought into force, would abolish the presumption of advancement. This supported the rejection of contribution-based presumptions as the starting point for beneficial ownership of family homes (see para [24]).

Kanta Kaur v Kouri Kaur & Ors

[2025] EWHC 2806 (Ch) · 3 November 2025Limits

The court noted that the presumption of advancement is prospectively abolished by s 199(1), but held that the provision was not relevant to the present dispute and did not affect the continuing parent-and-child presumption. (see para [99])

Usman Hussain Malik v Nusrat Malik & Ors (Re RN Restaurant (Stockport) Limited)

[2024] EWHC 69 (Ch) · 22 January 2024

The judgment notes that section 199 would abolish the presumption of advancement if brought into force, but confirms that the existing presumption applied to a mother’s transfer of shares to her sons. (see para [104])

What each judgment says about section 199 is in the case-law panel in the full Act.

Explanatory note

623.This section abolishes the common law presumption of advancement. The abolition does not affect any transfer made before the provision comes into force.

624.The presumption of advancement was a presumption that a man who transfers property to his wife, child or fiancée is making the recipient a gift of that property, unless there was evidence to the contrary. This presumption acted as an exception to the normal rule – that where one person transfers property to another without gaining anything in return, the recipient is presumed to be holding the property on trust for the transferor unless there is evidence that a gift was intended.

625.The presumption of advancement did not apply where a woman transferred property to her husband, child or fiancé.

All the explanatory notes for the Act