SCHEDULES

SCHEDULE 9Family homes and domestic violence

Part 1Amendments of the Family Law Act 1996 (c. 27)

2

(1)

Amend section 31 (effect of matrimonial home rights as charge on dwelling-house) as follows.

(2)

In subsection (1) for “marriage, one spouse” substitute “ marriage or civil partnership, A ”.

(3)

In subsection (2) for “The other spouse’s matrimonial home rights” substitute “ B’s home rights ”.

(4)

In subsection (3)—

(a)

in paragraph (a), for “the spouse so entitled” substitute “ A ”, and

(b)

in paragraph (b), after “marriage” insert “ or of the formation of the civil partnership ”.

(5)

In subsection (4)—

(a)

for “a spouse’s matrimonial home rights” substitute “ B’s home rights ”,

(b)

for “the other spouse” substitute “ A ”, and

(c)

for “either of the spouses” substitute “ A or B ”.

(6)

In subsection (5) for “the other spouse” substitute “ A ”.

(7)

In subsection (7) for “the spouses” substitute “ A and B ”.

(8)

In subsection (8)—

(a)

for “a spouse’s matrimonial home rights” substitute “ B’s home rights ”,

(b)

in paragraph (a), for “the other spouse” substitute “ A ”, and

(c)

in paragraph (b), after “marriage” insert “ or civil partnership ”.

(9)

In subsection (9)—

(a)

in paragraph (a), for “a spouse’s matrimonial home rights” substitute “ B’s home rights ”, and

(b)

for “the other spouse” (in both places) substitute “ A ”.

(10)

In subsection (10)—

(a)

for “a spouse” and for “that spouse” substitute “ A ”, and

(b)

in paragraph (b), for “a spouse’s matrimonial home rights” substitute “ B’s home rights ”.

(11)

For subsection (12)(a) substitute—

“(a)

B’s home rights are a charge on the estate of A or of trustees of A, and”.

(12)

In the heading to section 31, for “matrimonial home rights” substitute “ home rights ”.