Family Law Act 1996

34 Effect of order under s. 33 where rights are charge on dwelling-house. E+W

(1) If [F1 B’s home rights] are a charge on the estate or interest of [F2 A] or of trustees for [F2 A]—

(a) an order under section 33 against [F2 A] has, except so far as a contrary intention appears, the same effect against persons deriving title under [F2 A] or under the trustees and affected by the charge, and

(b) sections 33(1), (3), (4) and (10) and 30(3) to (6) apply in relation to any person deriving title under [F2 A] or under the trustees and affected by the charge as they apply in relation to [F2 A].

(2) The court may make an order under section 33 by virtue of subsection (1)(b) if it considers that in all the circumstances it is just and reasonable to do so.

Textual Amendments

F1 Words in s. 34(1) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 5(a); S.I. 2005/3175, art. 2(1), Sch. 1

F2 Word in s. 34(1) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 5(b); S.I. 2005/3175, art. 2(1), Sch. 1