SCHEDULES

SCHEDULE 7 Transfer of certain tenancies on divorce etc. or on separation of cohabitants

Part I General

Cases in which the court may make an order

2

1

This paragraph applies if one spouse F1or civil partner is entitled, either in his own right or jointly with the other spouse F1or civil partner, to occupy a dwelling-house by virtue of a relevant tenancy.

F22

The court may make a Part II order—

a

on granting a decree of divorce, a decree of nullity of marriage or a decree of judicial separation or at any time thereafter (whether, in the case of a decree of divorce or nullity of marriage, before or after the decree is made absolute), or

b

at any time when it has power to make a property adjustment order under Part 2 of Schedule 5 to the Civil Partnership Act 2004 with respect to the civil partnership.

3

1

This paragraph applies if one cohabitant is entitled, either in his own right or jointly with the other cohabitant, to occupy a dwelling-house by virtue of a relevant tenancy.

2

If the cohabitants cease F3to cohabit, the court may make a Part II order.

4

The court shall not make a Part II order unless the dwelling-house is or was—

a

in the case of spouses, a matrimonial home; F4. . .

F5aa

in the case of civil partners, a civil partnership home; or

b

in the case of cohabitants, a home in which they F6cohabited.