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”.