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.