Section 34 Effect of order under s. 33 where rights are charge on dwelling-house.

England and Wales

(1)

If F1B’s home rights are a charge on the estate or interest of F2A or of trustees for A—

(a)

an order under section 33 against A has, except so far as a contrary intention appears, the same effect against persons deriving title under A or under the trustees and affected by the charge, and

(b)

sections 33(1), (3), (4) and (10) and 30(3) to (6) apply in relation to any person deriving title under A or under the trustees and affected by the charge as they apply in relation to A.

(2)

The court may make an order under section 33 by virtue of subsection (1)(b) if it considers that in all the circumstances it is just and reasonable to do so.

Annotations

Textual amendments

F1: Words in s. 34(1) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 5(a); S.I. 2005/3175, art. 2(1), Sch. 1
F2: Word in s. 34(1) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 5(b); S.I. 2005/3175, art. 2(1), Sch. 1

Notes on Part IV

Modifications

C1: Pt. 4 modified (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 25(2); S.I. 2005/3175, art. 2(1), Sch. 1