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Civil Partnership Act 2004

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37After section 41 insert—S

41AProtection of rights of civil partner against arrangements intended to defeat them

(1)If a debtor’s sequestrated estate includes a family home of which the debtor, immediately before the date of issue of the act and warrant of the permanent trustee (or, if more than one such act and warrant is issued in the sequestration, of the first such issue) was an entitled partner and the other partner in the civil partnership is a non-entitled partner—

(a)the permanent trustee shall, where he—

(i)is aware that the entitled partner is in civil partnership with the non-entitled partner; and

(ii)knows where the non-entitled partner is residing,

inform the non-entitled partner, within the period of 14 days beginning with that date, of the fact that sequestration of the entitled partner’s estate has been awarded, of the right of petition which exists under section 16 of this Act and of the effect of paragraph (b) below; and

(b)the Court of Session, on the petition under section 16 of this Act of the non-entitled partner presented either within the period of 40 days beginning with that date or within the period of 10 weeks beginning with the date of sequestration may—

(i)under section 17 of this Act recall the sequestration; or

(ii)make such order as it thinks appropriate to protect the occupancy rights of the non-entitled partner,

if it is satisfied that the purpose of the petition for sequestration was wholly or mainly to defeat the occupancy rights of the non-entitled partner.

(2)In subsection (1) above—

  • entitled partner” and “non-entitled partner” have the same meanings as in section 101 of the Civil Partnership Act 2004;

  • family home” has the meaning assigned by section 135 of the 2004 Act; and

  • occupancy rights” means the rights conferred by subsection (1) of that section 101.

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