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Matrimonial Homes (Family Protection) (Scotland) Act 1981

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  1. Introductory Text

  2. Protection of occupancy rights of one spouse against the other

    1. 1. Right of spouse without title to occupy matrimonial home.

    2. 2. Subsidiary and consequential rights.

    3. 3. Regulation by court of rights of occupancy of matrimonial home.

    4. 4. Exclusion orders.

    5. 5. Duration of orders under ss. 3 and 4.

  3. Occupancy rights in relation to dealings with third parties

    1. 6. Continued exercise of occupancy rights after dealing.

    2. 7. Dispensation by court with spouse’s consent to dealing.

    3. 8. Interests of heritable creditors.

    4. 9. Provisions where both spouses have title.

  4. Reckoning of non-cohabitation periods in sections 1 and 6

    1. 9A.Effect of court action under section 3, 4 or 5 on reckoning of periods in sections 1 and 6

  5. Protection of rights of spouse against arrangements intended to defeat them

    1. 10.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. 11. Poinding.

    3. 12. Adjudication.

  6. Transfer of tenancy

    1. 13. Transfer of tenancy.

  7. Matrimonial interdicts

    1. 14. Interdict competent where spouses live together.

    2. 15. Attachment of powers of arrest to matrimonial interdicts.

    3. 16. Police powers after arrest.

    4. 17. Procedure after arrest.

  8. Cohabiting couples

    1. 18. Occupancy rights of cohabiting couples.

  9. Domestic interdicts

    1. 18A.Meaning of “domestic interdict”

    2. 18B.Domestic interdicts: further provision

  10. Miscellaneous and General

    1. 19. Rights of occupancy in relation to division and sale.

    2. 20. Spouse’s consent in relation to calling up of standard securities over matrimonial homes.

    3. 21. Procedural provision

    4. 22. Interpretation.

    5. 23. Short title, commencement and extent.

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