Civil Partnership Act 2004 (c. 33)

Part 3 S Civil partnership: Scotland

Chapter 3 S Occupancy rights and tenancies

Occupancy rights S

111 Adjudication S

(1) Where a family home as regards which there is an entitled partner and a non-entitled partner is adjudged, the Court of Session, on the application of the non-entitled partner made within 40 days after the date of the decree of adjudication, may—

(a) order the reduction of the decree, or

(b) make such order as it thinks appropriate to protect the occupancy rights of the non-entitled partner,

if satisfied that the purpose of the diligence was wholly or mainly to defeat the occupancy rights of the non-entitled partner.

(2) Section 106(2) applies in construing “entitled partner” and “non-entitled partner” for the purposes of subsection (1).