Matrimonial Homes (Family Protection) (Scotland) Act 1981

JurisdictionUK Non-devolved
Citation1981 c. 59
Year1981
if in occupation, a right F1to continue to occupy the matrimonial home;if not in occupation, a right to enter into and occupy the matrimonial home.(1A) The rights conferred by subsection (1) above to continue to occupy or, as the case may be, to enter and occupy the matrimonial home include, without prejudice to their generality, the right to do so together with any child of the family.(2) In subsection (1) above, an “entitled spouse” includes a spouse who is entitled, or permitted by a third party, to occupy a matrimonial home along with an individual who is not the other spouse only if that individual has waived his or her right of occupation in favour of the spouse so entitled or permitted.(3) If the entitled spouse refuses to allow the non-entitled spouse to exercise the right conferred by subsection (1) (b) above, the non-entitled spouse may exercise that right only with the leave of the court under section 3(3) or (4) of this Act.(4) In this Act, the rights mentioned in paragraphs (a) and (b) of subsection (1) above are referred to as occupancy rights.in a particular matrimonial home; orin a particular property which it is intended by the spouses will become a matrimonial home.(6) A renunciation under subsection (5) above shall have effect only if at the time of making the renunciation, the non-entitled spouse has sworn or affirmed before a notary public that it was made freely and without coercion of any kind. F3there has been no cohabitation between an entitled spouse and a non-entitled spouse during a continuous period of two years; andduring that period the non-entitled spouse has not occupied the matrimonial home,(8) A non-entitled spouse who has ceased to have occupancy rights by virtue of subsection (7) may not apply to the court for an order under section 3(1) .to make any payment due by the entitled spouse in respect of rent, rates, secured loan instalments, interest or other outgoings (not being outgoings on repairs or improvements) ;to perform any other obligation incumbent on the entitled spouse (not being an obligation in respect of non-essential repairs or improvements) ;to enforce performance of an obligation by a third party which that third party has undertaken to the entitled spouse to the extent that the entitled spouse may enforce such performance;to carry out such essential repairs as the entitled spouse may carry out;to carry out such non-essential repairs or improvements as may be authorised by an order of the court, being such repairs or improvements as the entitled spouse may carry out and which the court considers to be appropriate for the reasonable enjoyment of the occupancy rights;to take such other steps, for the purpose of protecting the occupancy rights of the non-entitled spouse, as the entitled spouse may take to protect the occupancy rights of the entitled spouse.(2) Any payment made under subsection (1) (a) above or any obligation performed under subsection (1) (b) above shall have effect in relation to the rights of a third party as if the payment were made or the obligation were performed by the entitled spouse; and the performance of an obligation which has been enforced under subsection (1) (c) above shall have effect as if it had been enforced by the entitled spouse.without the consent of the other spouse, on any of the items mentioned in paragraphs (a) and (d) of subsection (1) above;with the consent of the other spouse, on anything relating to a matrimonial home.either spouse shall be entitled, without the consent of the other spouse, to carry out such non-essential repairs or improvements as may be authorised by an order of the court, being such repairs or improvements as the court considers to be appropriate for the reasonable enjoyment of the occupancy rights;the court,

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