Civil Partnership Act 2004 Explanatory Notes

Part 3 - Sale of property orders

563.This Part provides for orders for sale of specified property in which either or both civil partners have a beneficial interest. The sale of property order can contain supplementary or consequential provisions, in particular it can include provision for payments out of the proceeds of the sale or for the property to be offered for sale to a particular person or group of people. In the case of a dissolution or nullity order the sale of property order can only take effect after the dissolution or nullity order has been made final. Where an order for sale of property contains a provision that the sale of the property can be used to secure regular payments, then such an order would cease to have effect on the death, re-marriage of or formation of a subsequent civil partnership by the civil partner in whose favour the order had been made. The court can direct when the order for sale should take place and there are provisions for third parties with interests in the property to make representations.

Back to top