OpenLegislation

Article 30A Spouses and civil partners having statutory rights of occupationF1F2

(1)

This Article applies where, by reason of the entitlement of one spouse or civil partner ( “A”) to occupy a dwelling by virtue of an interest or right to which Article 30 applies, the other spouse or civil partner ( “B”) acquires home rightsF3 (within the meaning of the Family Homes and Domestic Violence (Northern Ireland) Order 1998).

(2)

So long as—

(a)

those home rights continue;

(b)

B is in occupation of the dwelling and A is not; and

(c)

B is not, apart from this Article, treated as occupying the dwelling by virtue of an interest or right to which that Article applies,

B shall be treated for the purposes of that Article as occupying the dwelling by virtue of such an interest (but not an owner's interest within the meaning of Article 31).

(3)

References in this Article to a dwelling include a reference to a substantial part of it.

Annotations

Textual amendments

F1

1992 NI 8

F2

2004 c.33

F3

1998 NI 6