Matrimonial Homes (Family Protection) (Scotland) Act 1981

Protection of rights of spouse against arrangements intended to defeat them S

10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 S

Textual Amendments

F1 S. 10repealed by Bankruptcy (Scotland) Act 1985 (c. 66, SIF 66), ss. 75(2), 78(5), Sch. 8

11 Poinding. S

• Where [F2 an attachment]F2 has been executed of furniture and plenishings of which the debtor’s spouse has the possession or use by virtue of an order under section 3(3) or (4) of this Act, the sheriff, on the application of that spouse within 40 days of the date of execution of [F3 the attachment]F3 , may—

  (a)

  declare that [F3 the attachment]F3 is null; or

  (b)

  make such order as he thinks appropriate to protect such possession or use by that spouse,

  if he is satisfied that the purpose of the diligence was wholly or mainly to prevent such possession or use.

Textual Amendments

F2 Words in s.11 substituted (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp. 17), ss. 61, 64(2), Sch. 3 Pt. 1 para. 13(a)

F3 Words in s. 11 substituted (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp. 17), ss. 61, 64(2), Sch. 3 Pt. 1 para. 13(b)

Modifications etc. (not altering text)

C1 S. 11 applied with modifications by Family Law (Scotland) Act 1985 (c. 37, SIF 49:3), ss. 14(5)(b)(iii), 29(4)

12 Adjudication. S

(1) Where a matrimonial home of which there is an entitled spouse and a non-entitled spouse is adjudged, the Court of Session, on the application of the non-entitled spouse within 40 days of the date of the decree of adjudication, may—

(a) order the reduction of the decree; or

(b) make such order as it thinks appropriate to protect the occupancy rights of the non-entitled spouse,

if it is satisfied that the purpose of the diligence was wholly or mainly to defeat the occupancy rights of the non-entitled spouse.

(2) In this section, “entitled spouse” and “non-entitled spouse” have the same meanings respectively as in section 6(2) of this Act.

Modifications etc. (not altering text)

C2 S. 12 applied with modifications by Family Law (Scotland) Act 1985 (c. 37, SIF 49:3), s. 14(5)(b)