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Finance Act 2018

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Property adjustment on divorce, dissolution of civil partnership etc

5After paragraph 9A (as inserted by paragraph 4 of this Schedule) insert—

Property adjustment on divorce, dissolution of civil partnership etc

9B(1)This paragraph applies where—

(a)a person (“A”) has a major interest in a dwelling,

(b)a property adjustment order has been made in respect of the interest for the benefit of another person (“B”), and

(c)the dwelling—

(i)is B’s only or main residence, and

(ii)is not A’s only or main residence.

(2)A is to be treated for the purposes of this Schedule as not having the interest in the dwelling.

(3)“Property adjustment order” means—

(a)an order under section 24(1)(b) of the Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings),

(b)an order under section 17(1)(a)(ii) of the Matrimonial and Family Proceedings Act 1984 (property adjustment orders after overseas divorce) corresponding to such an order as is mentioned in paragraph (a),

(c)an order under Article 26(1)(b) of the Matrimonial Causes (Northern Ireland) Order 1978 (property adjustment orders in connection with divorce proceedings etc),

(d)an order under Article 21(a)(ii) of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 (property adjustment orders after overseas divorce) corresponding to such an order as is mentioned in paragraph (c),

(e)an order under paragraph 7(1)(b) of Schedule 5 or paragraph 7(1)(b) of Schedule 15 to the Civil Partnership Act 2004 (property adjustment orders in connection with dissolution etc of civil partnership), or

(f)an order under paragraph 9 of Schedule 7 or paragraph 9 of Schedule 17 to the Civil Partnership Act 2004 (property adjustment orders in connection with overseas dissolution etc of civil partnership) corresponding to such an order as is mentioned in paragraph (e).

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