Family Homes and Domestic Violence (Northern Ireland) Order 1998

Rights concerning[F1 home where one spouse or civil partner] has no estate, etc. N.I.

4.—(1) This Article applies if—

(a) one spouse[F1 or civil partner ( “A”)] is entitled to occupy a dwelling-house by virtue of—

(i) a beneficial estate or a contract; or

(ii) any statutory provision giving[F1 A] the right to remain in occupation; and

(b) the other spouse[F1 or civil partner ( “B”)] is not so entitled.

(2) Subject to the provisions of this Order,[F1 B] has the following rights[F1 ( “home rights”)]

(a) if in occupation, a right not to be evicted or excluded from the dwelling-house or any part of it by[F1 A] except with the leave of the court given by an order under Article 11;

(b) if not in occupation, a right with the leave of the court so given to enter into and occupy the dwelling-house.

(3) If[F1 B] is entitled under this Article to occupy a dwelling-house or any part of a dwelling-house, any payment or tender made or other thing done by[F1 B] in or towards satisfaction of any liability of[F1 A] in respect of rent, mortgage payments or other outgoings affecting the dwelling-house is, whether or not it is made or done in pursuance of an order under Article 18, as good as if made or done by[F1 A].

(4) [F1 B's] occupation by virtue of this Article—

(a) is to be treated, for the purposes of the [1978 NI 20.] Rent (Northern Ireland) Order 1978, as occupation [F1 by A as A's] residence, and

(b) if[F1 B occupies the dwelling-house as B's] only or principal home, is to be treated, for the purposes of Chapter II of Part II of the [1983 NI 15.] Housing (Northern Ireland) Order 1983, as occupation [F1 by A as A's] only or principal home.

(5) If[F1 B]

(a) is entitled under this Article to occupy a dwelling-house or any part of a dwelling-house, and

(b) makes any payment in or towards satisfaction of any liability of[F1 A] in respect of mortgage payments affecting the dwelling-house,

the person to whom the payment is made may treat it as having been made by[F1 A], but the fact that that person has treated any such payment as having been so made does not affect any claim of[F1 B] against[F1 A] to an estate in the dwelling-house by virtue of the payment.

(6) If[F1 B] is entitled under this Article to occupy a dwelling-house or part of a dwelling-house by reason of an interest of[F1 A] under a trust, the provisions of paragraphs (3) and (5) apply in relation to the trustees as they apply in relation to[F1 A].

(7) This Article does not apply to a dwelling-house[F1 which—

(a) in the case of spouses, has at no time been, and was at no time intended by them to be, a matrimonial home of theirs; and

(b) in the case of civil partners, has at no time been, and was at no time intended by them to be, a civil partnership home of theirs.]

(8) [F1 B's home rights] continue—

(a) only so long as the marriage[F1 or civil partnership] subsists, except to the extent that an order under Article 11(5) otherwise provides, and

(b) only so long as[F1 A] is entitled as mentioned in paragraph (1) to occupy the dwelling-house, except where provision is made by Article 5 for those rights to be a charge on an estate in the dwelling-house.

(9) Without prejudice to any rights which arise by virtue of an equitable estate,[F1 a person] who has only such an estate is to be treated for the purpose of determining whether he has[F1 home rights] as not being entitled to occupy the dwelling-house by virtue of that estate; and this Article shall apply accordingly where each of two spouses[F1 or civil partners] is so entitled.

F1 2004 c.33