Civil Partnership Act 2004 (c. 33)

SCHEDULES

SCHEDULE 9 E+W Family homes and domestic violence

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

8 (1) Amend section 37 (neither spouse entitled to occupy) as follows. E+W

(2) After subsection (1) insert—

“(1A) This section also applies if—

(a) one civil partner or former civil partner and the other civil partner or former civil partner occupy a dwelling-house which is or was the civil partnership home; but

(b) neither of them is entitled to remain in occupation—

(i) by virtue of a beneficial estate or interest or contract; or

(ii) by virtue of any enactment giving him the right to remain in occupation.”

(3) In subsection (3)(b), for “spouses” substitute “ parties ”.

(4) In the heading to section 37, after “spouse” insert “ or civil partner ”.