Matrimonial homes

I18Occupancy rights: effect of court action

After section 9 of the 1981 Act (provisions where both spouses have title) there shall be inserted—

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

1

Subsection (2) applies where an application is made under section 3(1), 4(1) or 5(1) of this Act.

2

In calculating the period of two years mentioned in section 1(7)(a) or 6(3)(f) of this Act, no account shall be taken of the period mentioned in subsection (3) below.

3

The period is the period beginning with the date on which the application is made and—

a

in the case of an application under section 3(1) or 4(1) of this Act, ending on the date on which—

i

an order under section 3(3) or, as the case may be, 4(2) of this Act is made; or

ii

the application is otherwise finally determined or abandoned;

b

in the case of an application under section 5(1) of this Act, ending on the date on which—

i

the order under section 3(3) or, as the case may be, 4(2) is varied or recalled; or

ii

the application is otherwise finally determined or abandoned.