[F229A Spouses [F1and civil partners ]having statutory rights of occupation.E+W
(1)This section applies where, by reason of the entitlement of [F3one spouse or civil partner (“A”)] to occupy a dwelling by virtue of an interest or right to which section 29 above applies, [F4the other spouse or civil partner (“B”) acquires home rights][F5 (within the meaning of Part IV of the Family Law Act 1996)] .
(2)So long as—
(a)those [F6home 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
F1Words in s. 29A heading inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 9 para. 17(4); S.I. 2005/3175, art. 2(1), Sch. 1
F2S. 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.
F3Words in s. 29A(1) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 9 para. 17(2)(a); S.I. 2005/3175, art. 2(1), Sch. 1
F4Words in s. 29A(1) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 9 para. 17(2)(b); S.I. 2005/3175, art. 2(1), Sch. 1
F5Words in s. 29A(2)(a) 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)
F6Words in s. 29A(2)(a) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 9 para. 17(3); S.I. 2005/3175, art. 2(1), Sch. 1