31 Effect of [home rights] as charge on dwelling-house
Family Law Act 1996 (1996 c 27) | Legislation

31  Effect of [home rights] as charge on dwelling-house

(1)     Subsections (2) and (3) apply if, at any time during a [marriage or civil partnership, A] is entitled to occupy a dwelling-house by virtue of a beneficial estate or interest.

(2)     [B's home rights] are a charge on the estate or interest.

(3)     The charge created by subsection (2) has the same priority as if it were an equitable interest created at whichever is the latest of the following dates—

(a)     the date on which [A] acquires the estate or interest;

(b)     the date of the marriage [or of the formation of the civil partnership]; and

(c)     1st January 1968 (the commencement date of the Matrimonial Homes Act 1967).

(4)     Subsections (5) and (6) apply if, at any time when [B's home rights] are a charge on an interest of [A] under a trust, there are, apart from [A or B], no persons, living or unborn, who are or could

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