Family Law (Scotland) Act 2006

9 Amendment of definition of “matrimonial home”

In section 22 of the 1981 Act (interpretation) (which shall become subsection (1) of that section)—

(a) in the definition of “matrimonial home”—

(i) after “means” there shall be inserted “subject to subsection (2),”; and

(ii) for the words “one spouse for that” there shall be substituted “a person for one”; and

(b) at the end there shall be inserted—

“(2) If—

(a) the tenancy of a matrimonial home is transferred from one spouse to the other by agreement or under any enactment; and

(b) following the transfer, the spouse to whom the tenancy was transferred occupies the home but the other spouse does not,

the home shall, on such transfer, cease to be a matrimonial home.”.