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In section 1 of the 1981 Act (right of spouse without title to occupy matrimonial home), after subsection (6) there shall be added—
“(7)Subject to subsection (5), if—
(a)there has been no cohabitation between an entitled spouse and a non-entitled spouse during a continuous period of two years; and
(b)during that period the non-entitled spouse has not occupied the matrimonial home,
the non-entitled spouse shall, on the expiry of that period, cease to have occupancy rights in the matrimonial home.
(8)A non-entitled spouse who has ceased to have occupancy rights by virtue of subsection (7) may not apply to the court for an order under section 3(1).”.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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