C1 Part IV Family Homes and Domestic Violence

Annotations:
Modifications etc. (not altering text)

Rights to occupy matrimonial F27or civil partnership home

Annotations:
Amendments (Textual)
F27

Words in cross-heading preceding s. 30 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

30 Rights concerning F1home where one spouse or civil partner has no estate, etc.

1

This section applies if—

a

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

i

a beneficial estate or interest or contract; or

ii

any enactment giving F3A the right to remain in occupation; and

b

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

2

Subject to the provisions of this Part, F5B has the following rights (F6“home rights”)—

a

if in occupation, a right not to be evicted or excluded from the dwelling-house or any part of it by F7A 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 F8B 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 F8B in or towards satisfaction of any liability of F9A 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 F9A.

4

F10B's occupation by virtue of this section—

a

is to be treated, for the purposes of the M1Rent (Agriculture) Act 1976 and the M2Rent Act 1977 (other than Part V and sections 103 to 106 of that Act), as occupation F11by A as A's residence, and

b

if F12B occupies the dwelling-house as B's only or principal home, is to be treated, for the purposes of the M3Housing Act 1985 F13, Part I of the Housing Act 1988 F28, Chapter 1 of Part 5 of the Housing Act 1996 F29, the Prevention of Social Housing Fraud Act 2013F30and the Renting Homes (Wales) Act 2016 (anaw 1), as occupation F14by A as A's only or principal home.

5

If F15B)—

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 F16A 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 F17A, but the fact that that person has treated any such payment as having been so made does not affect any claim of F18B against A to an interest in the dwelling-house by virtue of the payment.

6

If F19B is entitled under this section to occupy a dwelling-house or part of a dwelling-house by reason of an interest of F20A under a trust, all the provisions of subsections (3) to (5) apply in relation to the trustees as they apply in relation to F20A.

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.

8

F22B’s home rights continue—

a

only so long as the marriage F23or civil partnership subsists, except to the extent that an order under section 33(5) otherwise provides; and

b

only so long as F24A 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 F25a person—

a

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

b

is not F25a person 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 F26home rights, as not being entitled to occupy the dwelling-house by virtue of that interest.