Part 3

Civil partnership: Scotland
Chapter 3

Occupancy rights and tenancies

Occupancy rights

Provisions where both civil partners have title
109
1
Subject to subsection (2), where, apart from the provisions of this Chapter, both civil partners are entitled to occupy a family home—
a
the rights in that home of one civil partner are not prejudiced by reason only of any dealing of the other civil partner, and
b
a third party is not by reason only of such a dealing entitled to occupy that home or any part of it.
2
Sections 106(3) and 107 and the definition of “dealing” in section 106(2) apply for the purposes of subsection (1) as they apply for the purposes of section 106(1) but subject to the following modifications—
a
any reference to the entitled partner and to the non-entitled partner is to be construed as a reference to a civil partner who has entered into, or as the case may be proposes to enter into, a dealing and to the other civil partner respectively, and
b
in paragraph (b) of section 107(4) the reference to occupancy rights is to be construed as a reference to any rights in the family home.
Pt. 3 Ch. 3 excluded by 2002 c. 29, s. 269A(5) (as inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. 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))