108 Interests of heritable creditors [108 Interests of creditors]
Civil Partnership Act 2004 (2004 c 33) | Legislation

108  Interests of heritable creditors [108 Interests of creditors]

(1)     The rights of a third party with an interest in the family home as a creditor under a secured loan in relation to the non-performance of any obligation under the loan are not prejudiced by reason only of the occupancy rights of the non-entitled partner; but where a non-entitled partner has or obtains occupation of a family home and—

(a)     the entitled partner is not in occupation, and

(b)     there is a third party with such an interest in the family home,

the court may, on the application of the third party, make

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