Naturally enough, such a disposal will be set aside if the buyer “was aware when entering into the transaction that the husband’s disposal of the asset was being effected fraudulently as against the wife”. 

But what if you buy such a property in the innocent belief that any and all necessary consents are in place?  You are protected - and the sale is valid - provided that you “do not know” and “cannot reasonably know” that the sale is being entered into without the necessary consent. 

The problem is that you cannot merely “rely upon a bold assurance by another party regarding his or her marital status”.  You are required to perform an “adequate inquiry” into such status.  What level of investigation is required?  How do you confirm that the seller is telling you the truth?  In the one case, even the Deeds Office’s records were misleading!  Take advice in doubt.