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Family Law Act 1996

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This is the original version (as it was originally enacted).

Cases in which the court may make an order

2(1)This paragraph applies if one spouse is entitled, either in his own right or jointly with the other spouse, to occupy a dwelling-house by virtue of a relevant tenancy.

(2)At any time when it has power to make a property adjustment order under section 23A (divorce or separation) or 24 (nullity) of the [1973 c. 18.] Matrimonial Causes Act 1973 with respect to the marriage, the court may make a Part II order.

3(1)This paragraph applies if one cohabitant is entitled, either in his own right or jointly with the other cohabitant, to occupy a dwelling-house by virtue of a relevant tenancy.

(2)If the cohabitants cease to live together as husband and wife, the court may make a Part II order.

4The court shall not make a Part II order unless the dwelling-house is or was—

(a)in the case of spouses, a matrimonial home; or

(b)in the case of cohabitants, a home in which they lived together as husband and wife.

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