Section 37 Neither spouse or civil partner entitled to occupy.F3

England and Wales

(1)

This section applies if—

(a)

one spouse or former spouse and the other spouse or former spouse occupy a dwelling-house which is or was the matrimonial home; but

(b)

neither of them is entitled to remain in occupation—

(i)

by virtue of a beneficial estate or interest or contract; or

(ii)

by virtue of any enactment giving him the right to remain in occupation.

F1(1A)

This section also applies if—

(a)

one civil partner or former civil partner and the other civil partner or former civil partner occupy a dwelling-house which is or was the civil partnership home; but

(b)

neither of them is entitled to remain in occupation—

(i)

by virtue of a beneficial estate or interest or contract; or

(ii)

by virtue of any enactment giving him the right to remain in occupation.

(2)

Either of the parties may apply to the court for an order against the other under this section.

(3)

An order under this section may—

(a)

require the respondent to permit the applicant to enter and remain in the dwelling-house or part of the dwelling-house;

(b)

regulate the occupation of the dwelling-house by either or both of the F2parties;

(c)

require the respondent to leave the dwelling-house or part of the dwelling-house; or

(d)

exclude the respondent from a defined area in which the dwelling-house is included.

(4)

Subsections (6) and (7) of section 33 apply to the exercise by the court of its powers under this section as they apply to the exercise by the court of its powers under subsection (3) of that section.

(5)

An order under this section must be limited so as to have effect for a specified period not exceeding six months, but may be extended on one or more occasions for a further specified period not exceeding six months.

Annotations

Textual amendments

F1: S. 37(1A) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 8(1)(2); S.I. 2005/3175, art. 2(1), Sch. 1
F2: Word in s. 37(3)(b) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 8(1)(3); S.I. 2005/3175, art. 2(1), Sch. 1
F3: Words in s. 37 heading inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), ss. 82, 263, Sch. 9 para. 8(4); 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