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.