33 Occupation orders where applicant has estate or interest etc or has [home rights]
Family Law Act 1996 (1996 c 27) | Legislation

Occupation orders

33  Occupation orders where applicant has estate or interest etc or has [home rights]

(1)     If—

(a)     a person (“the person entitled”)—

(i)     is entitled to occupy a dwelling-house by virtue of a beneficial estate or interest or contract or by virtue of any enactment giving him the right to remain in occupation, or

(ii)     has [home rights] in relation to a dwelling-house, and

(b)     the dwelling-house—

(i)     is or at any time has been the home of the person entitled and of another person with whom he is associated, or

(ii)     was at any time intended by the person entitled and any such other person to be their home,

the person entitled may apply to the court for an order containing any of the provisions specified in subsections (3), (4) and (5).

(2)     If an agreement to marry is terminated, no application under this section may be made by virtue of section 62(3)(e) by reference to that agreement after the end of the period of three years beginning with the day on which it is terminated.

[(2A)

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