Overview of Sections & Changes in Matrimonial Homes (Family Protection) Act 1981, Lecture notes of Constitutional Law

Download Overview of Sections & Changes in Matrimonial Homes (Family Protection) Act 1981 and more Lecture notes Constitutional Law in PDF only on Docsity! Changes to legislation: There are currently no known outstanding effects for the Matrimonial Homes (Family Protection) (Scotland) Act 1981. (See end of Document for details) Matrimonial Homes (Family Protection) (Scotland) Act 1981 CHAPTER 59 MATRIMONIAL HOMES (FAMILY PROTECTION) (SCOTLAND) ACT 1981 Protection of occupancy rights of one spouse against the other 1 Right of spouse without title to occupy matrimonial home. 2 Subsidiary and consequential rights. 3 Regulation by court of rights of occupancy of matrimonial home. 4 Exclusion orders. 5 Duration of orders under ss. 3 and 4. Occupancy rights in relation to dealings with third parties 6 Continued exercise of occupancy rights after dealing. 7 Dispensation by court with spouse’s consent to dealing. 8 Interests of heritable creditors. 9 Provisions where both spouses have title. Reckoning of non-cohabitation periods in sections 1 and 6 9A Effect of court action under section 3, 4 or 5 on reckoning of periods in sections 1 and 6 Protection of rights of spouse against arrangements intended to defeat them 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Poinding. 12 Adjudication. ii Matrimonial Homes (Family Protection) (Scotland) Act 1981 (c. 59) Document Generated: 2021-05-05 Changes to legislation: There are currently no known outstanding effects for the Matrimonial Homes (Family Protection) (Scotland) Act 1981. (See end of Document for details) Transfer of tenancy 13 Transfer of tenancy. Matrimonial interdicts 14 Interdict competent where spouses live together. 15 Attachment of powers of arrest to matrimonial interdicts. 16 Police powers after arrest. 17 Procedure after arrest. Cohabiting couples 18 Occupancy rights of cohabiting couples. Domestic interdicts 18A Meaning of “domestic interdict” 18B Domestic interdicts: further provision Miscellaneous and General 19 Rights of occupancy in relation to division and sale. 20 Spouse’s consent in relation to calling up of standard securities over matrimonial homes. 21 Procedural provision 22 Interpretation. 23 Short title, commencement and extent.