Matrimonial homes
I17Occupancy rights: proposed dealings with third parties
In section 7 of the 1981 Act (court's power to dispense with spouse's consent to dealing and proposed dealing)—
a
in subsection (1), at the beginning there shall be inserted “
Subject to subsections (1A) to (1D) below,
”
;
b
after that subsection there shall be inserted—
1A
Subsection (1B) applies if, in relation to a proposed sale—
a
negotiations with a third party have not begun; or
b
negotiations have begun but a price has not been agreed.
1B
An order under subsection (1) dispensing with consent may be made only if—
a
the price agreed for the sale is no less than such amount as the court specifies in the order; and
b
the contract for the sale is concluded before the expiry of such period as may be so specified.
1C
Subsection (1D) applies if the proposed dealing is the grant of a heritable security.
1D
An order under subsection (1) dispensing with consent may be made only if—
a
the heritable security is granted for a loan of no more than such amount as the court specifies in the order; and
b
the security is executed before the expiry of such period as may be so specified.
c
after subsection (3) there shall be inserted—
3A
If the court refuses an application for an order under subsection (1), it may make an order requiring a non-entitled spouse who is or becomes the occupier of the matrimonial home—
a
to make such payments to the owner of the home in respect of that spouse's occupation of it as may be specified in the order;
b
to comply with such other conditions relating to that spouse's occupation of the matrimonial home as may be so specified.