OpenLegislation

Section 29A Spouses and civil partners having statutory rights of occupation.F6F1

England and Wales

(1)

This section applies where, by reason of the entitlement of F2one spouse or civil partner (“A”) to occupy a dwelling by virtue of an interest or right to which section 29 above applies, F3the other spouse or civil partner (“B”) acquires home rights F4 (within the meaning of Part IV of the Family Law Act 1996) .

(2)

So long as—

(a)

those F5home rights continue,

(b)

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

(c)

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

B shall be treated for the purposes of that section as occupying the dwelling by virtue of such an interest (but not an owner’s interest within the meaning of section 30 below).

(3)

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

Annotations

Textual amendments

F1

S. 29A inserted (25.09.1991 subject to the restrictions referred to in S.I. 1991/2067, art. 4) by Planning and Compensation Act 1991 (c. 34, SIF 28:1), s. 69 (with s. 84(5)); S.I. 1991/2067, art. 3.

F2

Words in s. 29A(1) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 9 para. 17(2)(a); S.I. 2005/3175, art. 2(1), Sch. 1

F3

Words in s. 29A(1) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 9 para. 17(2)(b); S.I. 2005/3175, art. 2(1), Sch. 1

F4

Words in s. 29A(2)(a) substituted (1.10.1997) by 1996 c. 27, s. 66(1), Sch. 8 Pt. III para. 48(2) (with Sch. 9 paras. 8, 9, 10); S.I. 1997/1892, art. 3(1)(b)

F5

Words in s. 29A(2)(a) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 9 para. 17(3); S.I. 2005/3175, art. 2(1), Sch. 1

F6

Words in s. 29A heading inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(2), Sch. 9 para. 17(4); S.I. 2005/3175, art. 2(1), Sch. 1