Rights to occupy matrimonial F2or civil partnership home
Rights concerningF1 home where one spouse or civil partner has no estate, etc.4
1
This Article applies if—
a
one spouseF1 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 givingF1 A the right to remain in occupation; and
b
the other spouseF1 or civil partner ( “B”) is not so entitled.
2
a
if in occupation, a right not to be evicted or excluded from the dwelling-house or any part of it byF1 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
IfF1 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 byF1 B in or towards satisfaction of any liability ofF1 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 byF1 A.
4
F1B'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 occupationF1 by A as A's residence, and
5
IfF1 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 ofF1 A in respect of mortgage payments affecting the dwelling-house,
6
7
This Article does not apply to a dwelling-houseF1 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
F1B's home rights continue—
a
only so long as the marriageF1 or civil partnership subsists, except to the extent that an order under Article 11(5) otherwise provides, and
b
only so long asF1 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 hasF1 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 spousesF1 or civil partners is so entitled.
2004 c.33