Family Law Act 1996

30 Rights concerning [F1 home where one spouse or civil partner]F1 has no estate, etc. E+W

(1) This section applies if—

(a) one spouse [F2 or civil partner (“A”)]F2 is entitled to occupy a dwelling-house by virtue of—

(i) a beneficial estate or interest or contract; or

(ii) any enactment giving [F3 A]F3 the right to remain in occupation; and

(b) the other spouse [F4 or civil partner (“B”)]F4 is not so entitled.

(2) Subject to the provisions of this Part, [F5 B]F5 has the following rights ([F6 home rights”]F6 )—

(a) if in occupation, a right not to be evicted or excluded from the dwelling-house or any part of it by [F7 A]F7 except with the leave of the court given by an order under section 33;

(b) if not in occupation, a right with the leave of the court so given to enter into and occupy the dwelling-house.

(3) If [F8 B]F8 is entitled under this section to occupy a dwelling-house or any part of a dwelling-house, any payment or tender made or other thing done by [F8 B]F8 in or towards satisfaction of any liability of [F9 A]F9 in respect of rent, mortgage payments or other outgoings affecting the dwelling-house is, whether or not it is made or done in pursuance of an order under section 40, as good as if made or done by [F9 A]F9 .

(4) [F10 B's]F10 occupation by virtue of this section—

(a) is to be treated, for the purposes of the M1 Rent (Agriculture) Act 1976 and the M2 Rent Act 1977 (other than Part V and sections 103 to 106 of that Act), as occupation [F11 by A as A's]F11 residence, and

(b) if [F12 B occupies the dwelling-house as B's]F12 only or principal home, is to be treated, for the purposes of the M3 Housing Act 1985 [F13 , Part I of the Housing Act 1988 and Chapter I of Part V of the Housing Act 1996], as occupation [F14 by A as A's]F14 only or principal home.

(5) If [F15 B]F15 )—

(a) is entitled under this section to occupy a dwelling-house or any part of a dwelling-house, and

(b) makes any payment in or towards satisfaction of any liability of [F16 A]F16 in respect of mortgage payments affecting the dwelling-house,

the person to whom the payment is made may treat it as having been made by [F17 A]F17 , but the fact that that person has treated any such payment as having been so made does not affect any claim of [F18 B against A]F18 to an interest in the dwelling-house by virtue of the payment.

(6) If [F19 B]F19 is entitled under this section to occupy a dwelling-house or part of a dwelling-house by reason of an interest of [F20 A]F20 under a trust, all the provisions of subsections (3) to (5) apply in relation to the trustees as they apply in relation to [F20 A]F20 .

(7) This section does not apply to a dwelling-house [F21 which—

(a) in the case of spouses, has at no time been, and was at no time intended by them to be, a matrimonial home of theirs; and

(b) in the case of civil partners, has at no time been, and was at no time intended by them to be, a civil partnership home of theirs.]

F21 (8) [F22 B’s home rights]F22 continue—

(a) only so long as the marriage [F23 or civil partnership]F23 subsists, except to the extent that an order under section 33(5) otherwise provides; and

(b) only so long as [F24 A]F24 is entitled as mentioned in subsection (1) to occupy the dwelling-house, except where provision is made by section 31 for those rights to be a charge on an estate or interest in the dwelling-house.

(9) It is hereby declared that [F25 a person]F25 —

(a) who has an equitable interest in a dwelling-house or in its proceeds of sale, but

(b) is not [F25 a person]F25 in whom there is vested (whether solely or as joint tenant) a legal estate in fee simple or a legal term of years absolute in the dwelling-house,

is to be treated, only for the purpose of determining whether he has [F26 home rights]F26 , as not being entitled to occupy the dwelling-house by virtue of that interest.

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Words in s. 30 heading substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 1(1)(11); S.I. 2005/3175, art. 2(1), Sch. 1

F2 Words in s. 30(1)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 1(1)(2)(a)(i); S.I. 2005/3175, art. 2(1), Sch. 1

F3 Words in s. 30(1)(a) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 1(1)(2)(a)(ii); S.I. 2005/3175, art. 2(1), Sch. 1

F4 Words in s. 30(1)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 1(1)(2)(b); S.I. 2005/3175, art. 2(1), Sch. 1

F5 Words in s. 30(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 1(1)(3)(a); S.I. 2005/3175, art. 2(1), Sch. 1

F6 Words in s. 30(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 1(1)(3)(b); S.I. 2005/3175, art. 2(1), Sch. 1

F7 Words in s. 30(2)(a) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 1(1)(3)(c); S.I. 2005/3175, art. 2(1), Sch. 1

F8 Words in s. 30(3) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 1(1)(4)(a); S.I. 2005/3175, art. 2(1), Sch. 1

F9 Words in s. 30(3) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 1(1)(4)(b); S.I. 2005/3175, art. 2(1), Sch. 1

F10 Words in s. 30(4) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 1(1)(5)(a); S.I. 2005/3175, art. 2(1), Sch. 1

F11 Words in s. 30(4)(a) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 1(1)(5)(b); S.I. 2005/3175, art. 2(1), Sch. 1

F12 Words in s. 30(4)(b) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 1(1)(5)(c)(i); S.I. 2005/3175, art. 2(1), Sch. 1

F13 Words in s. 30(4)(b) substituted (12.2.1997) by S.I. 1997/74, art. 10(a)

F14 Words in s. 30(4)(b) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 1(1)(5)(c)(ii); S.I. 2005/3175, art. 2(1), Sch. 1

F15 Words in s. 30(5) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 1(1)(6)(a); S.I. 2005/3175, art. 2(1), Sch. 1

F16 Words in s. 30(5)(b) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 1(1)(6)(b); S.I. 2005/3175, art. 2(1), Sch. 1

F17 Word in s. 30(5) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 1(1)(6)(c); S.I. 2005/3175, art. 2(1), Sch. 1

F18 Words in s. 30(5) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 1(1)(6)(d); S.I. 2005/3175, art. 2(1), Sch. 1

F19 Word in s. 30(6) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 1(1)(7)(a); S.I. 2005/3175, art. 2(1), Sch. 1

F20 Word in s. 30(6) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 1(1)(7)(b); S.I. 2005/3175, art. 2(1), Sch. 1

F21 Words in s. 30(7) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 1(1)(8); S.I. 2005/3175, art. 2(1), Sch. 1

F22 Words in s. 30(8) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 1(1)(9)(a); S.I. 2005/3175, art. 2(1), Sch. 1

F23 Words in s. 30(8)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 1(1)(9)(b); S.I. 2005/3175, art. 2(1), Sch. 1

F24 Word in s. 30(8)(b) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 1(1)(9)(c); S.I. 2005/3175, art. 2(1), Sch. 1

F25 Words in s. 30(9) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 1(1)(10)(a); S.I. 2005/3175, art. 2(1), Sch. 1

F26 Words in s. 30(9) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 1(1)(10)(b); S.I. 2005/3175, art. 2(1), Sch. 1

Marginal Citations

M1 1976 c. 80.

M2 1977 c. 42.

M3 1985 c. 68.