Part 3

Civil partnership: Scotland
Chapter 3

Occupancy rights and tenancies

Occupancy rights

Rights of occupancy in relation to division and sale
110
Where a civil partner brings an action for the division and sale of a family home owned in common with the other civil partner, the court, after having regard to all the circumstances of the case including—
a
the matters specified in paragraphs (a) to (d) of section 103(3), and
b
whether the civil partner bringing the action offers or has offered to make available to the other civil partner any suitable alternative accommodation,
may refuse to grant decree in that action or may postpone the granting of decree for such period as it considers reasonable in the circumstances or may grant decree subject to such conditions as it may prescribe.
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))