Matrimonial Homes (Family Protection) (Scotland) Act 1981

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

Where a spouse brings an action for the division and sale of a matrimonial home which the spouses own in common, the court, after having regard to all the circumstances of the case including—

(a)the matters specified in paragraphs (a) to (d) of section 3(3) of this Act; and

(b)whether the spouse bringing the action offers or has offered to make available to the other spouse any suitable alternative accommodation,

may refuse to grant decree in that action or may postpone the granting of decree for such period as it may consider reasonable in the circumstances or may grant decree subject to such conditions as it may prescribe.