Article 309 Rights of occupation, etc., of bankrupt's spouse or civil partnerF5

Nothing occurring in the initial period of the bankruptcy (that is to say, the period beginning with the day of the presentation of the petition for the bankruptcy order and ending with the vesting of the bankrupt's estate in a trustee) is to be taken as having given rise to anyF1F2 home rights under the Family Homes and Domestic Violence (Northern Ireland) Order 1998 in relation to a dwelling house comprised in the bankrupt's estate.

Where a spouse's or civil partner's home rights under the Order of 1998 are a charge on the estate or interest of the other spouse or civil partner, or of trustees for the other spouse or civil partner, and the other spouse or civil partner is adjudged bankrupt—

Notwithstanding any provision of the Partition Act 1868F3, where a person and his spouse or former spouse or civil partner or former civil partner have a legal or equitable estate in a dwelling house vested in them jointly or as tenants in common and that person is adjudged bankrupt, in a suit for partition maintained by the trustee of the bankrupt's estate the High Court may make such order as it thinks fit.

On an application such as is mentioned in paragraph (2) or in a suit such as is mentioned in paragraph (3) the High Court shall make such order under paragraph (3) or Article 11 of the Order of 1998 as it thinks just and reasonable having regard to—

Where such an application is made or such a suit is maintained after the expiration of one year from the first vesting under Chapter IV of the bankrupt's estate in a trustee, the High Court shall assume, unless the circumstances of the case are exceptional, that the interests of the bankrupt's creditors outweigh all other considerations.