Part 3Civil partnership: Scotland
Chapter 3Occupancy rights and tenancies
Occupancy rights
111Adjudication
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).