30 Rights concerning [home where one spouse or civil partner] has no estate, etc
Family Law Act 1996 (1996 c 27) | Legislation

Part IV Family Homes and Domestic Violence

Rights to occupy matrimonial [or civil partnership] home

30  Rights concerning [home where one spouse or civil partner] has no estate, etc

(1)     This section applies if—

(a)     one spouse [or civil partner (“A”)] is entitled to occupy a dwelling-house by virtue of—

(i)     a beneficial estate or interest or contract; or

(ii)     any enactment giving [A] the right to remain in occupation; and

(b)     the other spouse [or civil partner (“B”)] is not so entitled.

(2)     Subject to the provisions of this Part, [B] has the following rights [(“home rights”)]—

(a)     if in occupation, a right not to be evicted or excluded from the dwelling-house or any part of it by [A] except with the leave of the court given by an order under section 33;

(b)     if not in occupation, a right with the leave of the court so given to enter into and occupy the dwelling-house.

(3)     If [B] is entitled

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