Family Law Act 1996

Cases in which the court may make an orderE+W

2(1)This paragraph applies if one spouse [F1or civil partner] is entitled, either in his own right or jointly with the other spouse [F1or civil partner], to occupy a dwelling-house by virtue of a relevant tenancy.E+W

[F2(2)The court may make a Part II order—

(a)on granting a decree of divorce, a decree of nullity of marriage or a decree of judicial separation or at any time thereafter (whether, in the case of a decree of divorce or nullity of marriage, before or after the decree is made absolute), or

(b)at any time when it has power to make a property adjustment order under Part 2 of Schedule 5 to the Civil Partnership Act 2004 with respect to the civil partnership.]

3(1)This paragraph applies if one cohabitant is entitled, either in his own right or jointly with the other cohabitant, to occupy a dwelling-house by virtue of a relevant tenancy.E+W

(2)If the cohabitants cease [F3to cohabit], the court may make a Part II order.

4E+WThe court shall not make a Part II order unless the dwelling-house is or was—

(a)in the case of spouses, a matrimonial home; F4. . .

[F5(aa)in the case of civil partners, a civil partnership home; or]

(b)in the case of cohabitants, a home in which they [F6cohabited].