Family Law Act 1996 (c. 27)

Part IVE+W Family Homes and Domestic Violence

Modifications etc. (not altering text)

C1Pt. 4 modified (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 25(2); S.I. 2005/3175, art. 2(1), Sch. 1

Rights to occupy matrimonial [F1or civil partnership] homeE+W

Textual Amendments

F1Words 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 [F2home where one spouse or civil partner] has no estate, etc.E+W

(1)This section applies if—

(a)one spouse [F3 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 [F4A] the right to remain in occupation; and

(b)the other spouse [F5 or civil partner (“B”)] is not so entitled.

(2)Subject to the provisions of this Part, [F6B] has the following rights ([F7“home rights”])—

(a)if in occupation, a right not to be evicted or excluded from the dwelling-house or any part of it by [F8A] 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 [F9B] 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 [F9B] in or towards satisfaction of any liability of [F10A] 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 [F10A].

(4)[F11B'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 [F12by A as A's] residence, and

(b)if [F13B occupies the dwelling-house as B's] only or principal home, is to be treated, for the purposes of the M3Housing Act 1985 [F14, Part I of the Housing Act 1988 [F15, Chapter 1 of Part 5 of the Housing Act 1996 [F16, ]the Prevention of Social Housing Fraud Act 2013]] [F17and the Renting Homes (Wales) Act 2016 (anaw 1)], as occupation [F18by A as A's] only or principal home.

(5)If [F19B])—

(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 [F20A] 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 [F21A], but the fact that that person has treated any such payment as having been so made does not affect any claim of [F22B against A] to an interest in the dwelling-house by virtue of the payment.

(6)If [F23B] is entitled under this section to occupy a dwelling-house or part of a dwelling-house by reason of an interest of [F24A] under a trust, all the provisions of subsections (3) to (5) apply in relation to the trustees as they apply in relation to [F24A].

(7)This section does not apply to a dwelling-house [F25 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)[F26B’s home rights] continue—

(a)only so long as the marriage [F27or civil partnership] subsists, except to the extent that an order under section 33(5) otherwise provides; and

(b)only so long as [F28A] 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 [F29a person]—

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

(b)is not [F29a 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 [F30home rights], as not being entitled to occupy the dwelling-house by virtue of that interest.

Textual Amendments

F2Words 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

F3Words 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

F4Words 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

F5Words 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

F6Words 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

F7Words 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

F8Words 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

F9Words 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

F10Words 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

F11Words 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

F12Words 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