SCHEDULES
SCHEDULE 11Provisions Applicable to Certain Disposals of Houses
Exempted disposals
4
1
A disposal is an exempted disposal for the purposes of this Schedule if—
a
it is a disposal of the whole of the house and a conveyance of the freehold or an assignment of the lease and the person or each of the persons to whom it is made is a qualifying person (as defined in sub-paragraph (2) below);
b
it is a vesting of the whole of the house in a person taking under a will or on an intestacy;
c
it is a disposal of the whole of the house in pursuance of an order made under section 24 of the [1973 c. 18.] Matrimonial Causes Act 1973 (property adjustment orders in connection with matrimonial proceedings) or section 2 of the [1975 c. 63.] Inheritance (Provision for Family and Dependants) Act 1975 (orders as to financial provision to be made from estate);
d
it is a compulsory disposal; or
e
the property disposed of is property included with the house as being such a yard, garden, outhouse or appurtenance as is referred to in section 92(1)(b) of this Act.
2
For the purposes of sub-paragraph (1)(a) above, a person is a qualifying person in relation to a disposal if—
a
he is the person or one of the persons by whom the disposal is made;
b
he is the spouse or a former spouse of that person or one of those persons; or
c
he is a member of the family of that person or one of those persons and has resided with him throughout the period of twelve months ending with the disposal.
3
Section 186 of the [1985 c. 68.] Housing Act 1985 applies to determine whether a person is a member of another person’s family for the purposes of sub-paragraph (2)(c) above.