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).