(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.
Textual Amendments
F1S. 29A inserted (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067, art. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 69 (with s. 84(5)); S.I. 1991/2067, art. 3.
F2Words in s. 29A(1) substituted (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. III para. 48(2) (with Sch. 9 paras. 8, 9, 10); S.I. 1997/1892, art. 3(1)(b)
F3Words in s. 29A(2)(a) substituted (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. III para. 48(3) (with Sch. 9 paras. 8, 9, 10); S.I. 1997/1892, art. 3(1)(b)