Part III Provisions for Benefit of Persons Displaced From Land

Home loss payments

F129A Spouses having statutory rights of occupation.

1

This section applies where, by reason of the entitlement of one spouse (“A”) to occupy a dwelling by virtue of an interest or right to which section 29 above applies, the other spouse (“B”) acquires F2matrimonial home rights (within the meaning of Part IV of the Family Law Act 1996) .

2

So long as—

a

those F3matrimonial home rights continue,

b

B is in occupation of the dwelling and A is not, and

c

B is not, apart from this section, treated as occupying the dwelling by virtue of an interest or right to which that section applies,

B shall be treated for the purposes of that section as occupying the dwelling by virtue of such an interest (but not an owner’s interest within the meaning of section 30 below).

3

References in this section to a dwelling include a reference to a substantial part of it.