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Family Law Act 1996
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Family Law Act 1996, Section 54 is up to date with all changes known to be in force on or before 24 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 63(2)(k) inserted by 2021 c. 17 s. 52(2)
54 Dwelling-house subject to mortgage.E+W
(1)In determining for the purposes of this Part whether a person is entitled to occupy a dwelling-house by virtue of an estate or interest, any right to possession of the dwelling-house conferred on a mortgagee of the dwelling-house under or by virtue of his mortgage is to be disregarded.
(2)Subsection (1) applies whether or not the mortgagee is in possession.
(3)Where a person ( “A”) is entitled to occupy a dwelling-house by virtue of an estate or interest, a connected person does not by virtue of—
(a)any [F1home rights] conferred by section 30, or
(b)any rights conferred by an order under section 35 or 36,
have any larger right against the mortgagee to occupy the dwelling-house than A has by virtue of his estate or interest and of any contract with the mortgagee.
(4)Subsection (3) does not apply, in the case of [F1home rights], if under section 31 those rights are a charge, affecting the mortgagee, on the estate or interest mortgaged.
(5)In this section “connected person”, in relation to any person, means that person’s spouse, former spouse [F2, civil partner, former civil partner], cohabitant or former cohabitant.
Textual Amendments
F1Words in s. 54(3)(a)(4) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 12(1)(2); S.I. 2005/3175, art. 2(1), Sch. 1
F2Words in s. 54(5) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 12(1)(3); S.I. 2005/3175, art. 2(1), Sch. 1
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