Matrimonial Homes (Family Protection) (Scotland) Act 1981

9 Provisions where both spouses have title

(1) Subject to subsection (2) below, where, apart from the provisions of this Act, both spouses are entitled to occupy a matrimonial home—

(a) the rights in that home of one spouse shall not be prejudiced by reason only of any dealing of the other spouse; and

(b) a third party shall not by reason only of such a dealing be entitled to occupy that matrimonial home or any part of it.

(2) The definition of "dealing" in section 6(2) of this Act and sections 6(3) and 7 of this Act shall apply for the purposes of subsection (1) above as they apply for the purposes of section 6(1) of this Act subject to the following modifications—

(a) any reference to the entitled spouse and to the non entitled spouse shall be construed as a reference to a spouse who has entered into or, as the case may be, proposes to enter into a dealing and to the other spouse respectively; and

(b) in paragraph (b) of section 7(4) the reference to occupancy rights shall be construed as a reference to any rights in the matrimonial home.