{
  "url": "https://openlegislation.uk/matrimonial-homes-family-protection-scotland-act-1981/section-12",
  "json_url": "https://openlegislation.uk/matrimonial-homes-family-protection-scotland-act-1981/section-12.json",
  "legislation": "ukpga/1981/59",
  "legislation_title": "Matrimonial Homes (Family Protection) (Scotland) Act 1981",
  "legislation_url": "https://openlegislation.uk/matrimonial-homes-family-protection-scotland-act-1981",
  "path": "section/12",
  "kind": "section",
  "number": "12",
  "heading": "Adjudication.",
  "text": "(1) Where a matrimonial home of which there is an entitled spouse and a non-entitled spouse is adjudged, the Court of Session, on the application of the non-entitled spouse within 40 days of the date of the decree of adjudication, may—\n(a) order the reduction of the decree; or\n(b) make such order as it thinks appropriate to protect the occupancy rights of the non-entitled spouse,\nif it is satisfied that the purpose of the diligence was wholly or mainly to defeat the occupancy rights of the non-entitled spouse.\n(2) In this section, “entitled spouse” and “non-entitled spouse” have the same meanings respectively as in section 6(2) of this Act.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "C",
      "label": "C1",
      "text": "S. 12 applied with modifications by Family Law (Scotland) Act 1985 (c. 37, SIF 49:3), s. 14(5)(b)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1981/59/section/12",
    "retrieved_at": "2026-10-29T10:13:44.414172+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}