Textual Amendments
F1Words in Sch. 4 para. 5 heading substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 15(11); S.I. 2005/3175, art. 2(1), Sch. 1
5(1)A [F2spouse or civil partner entitled to home rights] may by a release in writing release those rights or release them as respects part only of the dwelling-house affected by them.E+W
(2)Where a contract is made for the sale of an estate or interest in a dwelling-house, or for the grant of a lease or underlease of a dwelling-house, being (in either case) a dwelling-house affected by a charge registered under section 31(10) or under section 2 of the Land Charges Act 1972, then, without prejudice to sub-paragraph (1), the [F3home rights] constituting the charge shall be deemed to have been released on the happening of whichever of the following events first occurs—
(a)the delivery to the purchaser or lessee, as the case may be, or his [F4legal representative] on completion of the contract of an application by the spouse [F5or civil partner] entitled to the charge for the cancellation of the registration of the charge; or
(b)the lodging of such an application at Her Majesty’s Land Registry.
Textual Amendments
F2Words in Sch. 4 para. 5(1) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 15(9); S.I. 2005/3175, art. 2(1), Sch. 1
F3Words in Sch. 4 para. 5(2) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 15(10)(a); S.I. 2005/3175, art. 2(1), Sch. 1
F4Words in Sch. 4 para. 5(2)(a) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), ss. 208, 211, Sch. 21 para. 121(c) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h) (subject to arts. 6, 9)
F5Words in Sch. 4 para. 5(2)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 15(10)(b); S.I. 2005/3175, art. 2(1), Sch. 1