Matrimonial Homes (Family Protection) (Scotland) Act 1981
Protection of occupancy rights of one spouse against the other
1 Right of spouse without title to occupy matrimonial home.
2 Subsidiary and consequential rights.
3 Regulation by court of rights of occupancy of matrimonial home.
4 Exclusion orders.
5 Duration of orders under ss. 3 and 4.
Occupancy rights in relation to dealings with third parties
6 Continued exercise of occupancy rights after dealing.
7 Dispensation by court with spouse’s consent to dealing.
8 Interests of heritable creditors.
9 Provisions where both spouses have title.
Reckoning of non-cohabitation periods in sections 1 and 6
9AEffect of court action under section 3, 4 or 5 on reckoning of periods in sections 1 and 6
Protection of rights of spouse against arrangements intended to defeat them
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 Poinding.
12 Adjudication.
Transfer of tenancy
13 Transfer of tenancy.
Matrimonial interdicts
14 Interdict competent where spouses live together.
15 Attachment of powers of arrest to matrimonial interdicts.
16 Police powers after arrest.
17 Procedure after arrest.
Cohabiting couples
18 Occupancy rights of cohabiting couples.
Domestic interdicts
18AMeaning of “domestic interdict”
18BDomestic interdicts: further provision
Miscellaneous and General
19 Rights of occupancy in relation to division and sale.
20 Spouse’s consent in relation to calling up of standard securities over matrimonial homes.
21 Procedural provision
22 Interpretation.
23 Short title, commencement and extent.

Matrimonial Homes (Family Protection) (Scotland) Act 1981

1981 c. 59

An Act to make new provision for Scotland as to the rights of occupancy of spouses in a matrimonial home and of cohabiting couples in the house where they cohabit; to provide for the transfer of the tenancy of a matrimonial home between the spouses in certain circumstances during marriage and on granting decree of divorce or nullity of marriage, and for the transfer of the tenancy of a house occupied by a cohabiting couple between the partners in certain circumstances; to strengthen the law relating to matrimonial interdicts; and for connected purposes.

Annotations:
Commencement Information
I1

Act partly in force at Royal Assent see s. 23(2): Act wholly in force at 1.9.1982.

Modifications etc. (not altering text)
C1

Act excluded by 2002 c. 29, s. 269A(5) (as inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 29(5), 58(1)(6); S.I. 2018/78, reg. 3(l))