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The Family Homes and Domestic Violence (Northern Ireland) Order 1998


This is the original version (as it was originally made).

Effect of order under Article 11 where rights are a charge on dwelling-house

12.—(1) If a spouse’s matrimonial home rights are a charge on the estate of the other spouse or of trustees for the other spouse—

(a)any order under Article 11 against the other spouse has, except so far as a contrary intention appears, the same effect against persons deriving title under the other spouse or under the trustees and affected by the charge, and

(b)Articles 11(1), (3), (4) and (10) and 4(3) to (6) apply in relation to any person deriving title under the other spouse or under the trustees and affected by the charge as they apply in relation to the other spouse.

(2) The court may make an order under Article 11 by virtue of paragraph (1)(b) if it considers that in all the circumstances it is just and reasonable to do so.

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