Family Law (Scotland) Act 2006

7 Occupancy rights: proposed dealings with third parties

In section 7 of the 1981 Act (court’s power to dispense with spouse’s consent to dealing and proposed dealing)—

(a) in subsection (1), at the beginning there shall be inserted “Subject to subsections (1A) to (1D) below,”;

(b) after that subsection there shall be inserted—

“(1A) Subsection (1B) applies if, in relation to a proposed sale—

(a) negotiations with a third party have not begun; or

(b) negotiations have begun but a price has not been agreed.

(1B) An order under subsection (1) dispensing with consent may be made only if—

(a) the price agreed for the sale is no less than such amount as the court specifies in the order; and

(b) the contract for the sale is concluded before the expiry of such period as may be so specified.

(1C) Subsection (1D) applies if the proposed dealing is the grant of a heritable security.

(1D) An order under subsection (1) dispensing with consent may be made only if—

(a) the heritable security is granted for a loan of no more than such amount as the court specifies in the order; and

(b) the security is executed before the expiry of such period as may be so specified.”; and

(c) after subsection (3) there shall be inserted—

“(3A) If the court refuses an application for an order under subsection (1), it may make an order requiring a non-entitled spouse who is or becomes the occupier of the matrimonial home—

(a) to make such payments to the owner of the home in respect of that spouse’s occupation of it as may be specified in the order;

(b) to comply with such other conditions relating to that spouse’s occupation of the matrimonial home as may be so specified.”.