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
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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.