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Insolvency Act 1986

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Changes over time for: Section 336

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Version Superseded: 06/04/2016

Status:

Point in time view as at 17/03/2011. This version of this provision has been superseded. Help about Status

Changes to legislation:

Insolvency Act 1986, Section 336 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

336 Rights of occupation etc. of bankrupt’s spouse [F1or civil partner].E+W

(1)Nothing occurring in the initial period of the bankruptcy (that is to say, the period beginning with the day of the presentation of the petition for the bankruptcy order and ending with the vesting of the bankrupt’s estate in a trustee) is to be taken as having given rise to any [F2[F3home rights] under Part IV of the Family Law Act 1996] in relation to a dwelling house comprised in the bankrupt’s estate.

(2)Where [F4a spouse’s or civil partner’s home rights][F5under the Act of 1996] are a charge on the estate or interest of the other spouse [F6or civil partner], or of trustees for the other spouse [F6or civil partner], and the other spouse [F6or civil partner] is adjudged bankrupt—

(a)the charge continues to subsist notwithstanding the bankruptcy and, subject to the provisions of that Act, binds the trustee of the bankrupts’s estate and persons deriving title under the trustee, and

(b)any application for an order [F7under section 33 of that Act] shall be made to the court having jurisdiction in relation to the bankruptcy.

F8(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)On such an application as is mentioned in subsection (2) F9. . . the court shall make such order under [F10section 33 of the Act of 1996]. . . as it thinks just and reasonable having regard to—

(a)the interests of the bankrupt’s creditors,

(b)the conduct of the spouse or former spouse [F11or civil partner or former civil partner], so far as contributing to the bankruptcy,

(c)the needs and financial resources of the spouse or former spouse [F11or civil partner or former civil partner],

(d)the needs of any children, and

(e)all the circumstances of the case other than the needs of the bankrupt.

(5)Where such an application is made after the end of the period of one year beginning with the first vesting under Chapter IV of this Part of the bankrupt’s estate in a trustee, the court shall assume, unless the circumstances of the case are exceptional, that the interests of the bankrupt’s creditors outweigh all other considerations.

Textual Amendments

F1Words in heading to s. 336 inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 21(5); S.I. 2005/3175, art. 2(1), Sch. 1

F2Words in s. 336(1) substituted (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. III para. 57(2) (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3(1)(b)

F5Words in s. 336(2) substituted (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. III para. 57(3)(a) (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3(1)(b)

F7Words in s. 336(2)(b) substituted (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. III para. 57(3)(b) (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3(1)(b)

F8S. 336(3) repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 4 (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2

F9Words in s. 336(4) repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 4 (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2

F10Words in s. 336(4) substituted (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. III para. 57(4) (with Sch. 9 paras. 8-10); S.I. 1997/1892, art. 3(1)(b)

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