Part 3Civil partnership: Scotland

C1Chapter 3Occupancy rights and tenancies

Annotations:
Modifications etc. (not altering text)
C1

Pt. 3 Ch. 3 excluded by 2002 c. 29, s. 269A(5) (as inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 29(5), 58(1)(6); S.I. 2018/78, reg. 3(l))

Occupancy rights

110Rights of occupancy in relation to division and sale

Where a civil partner brings an action for the division and sale of a family home owned in common with the other civil partner, the court, after having regard to all the circumstances of the case including—

a

the matters specified in paragraphs (a) to (d) of section 103(3), and

b

whether the civil partner bringing the action offers or has offered to make available to the other civil partner any suitable alternative accommodation,

may refuse to grant decree in that action or may postpone the granting of decree for such period as it considers reasonable in the circumstances or may grant decree subject to such conditions as it may prescribe.