One Former Spouse with No Existing Right to Occupy

Part of Clause 32 – in the House of Commons at 10:45 pm on 17th June 1996.

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Photo of Mrs Diana Maddock Mrs Diana Maddock , Christchurch 10:45 pm, 17th June 1996

I beg to move amendment No. 115, in page 23, leave out lines 17 to 25 and insert— '(1) This section applies if—

  1. (a) one cohabitant, former cohabitant, or former spouse is entitled to occupy a dwelling house by virtue of a beneficial estate or interest or contract, or by virtue of any enactment giving him the right to remain in occupation;
  2. (b) the cohabitant, former cohabitant or former spouse is not so entitled; and
  3. (c) the dwelling house—
    1. (i) in the case of the cohabitants or former cohabitants, is the home in which they live together as husband and wife or a home in which they at any time so lived together or intended so to live together, or
    2. (ii) in the case of a former spouse, was at any time their matrimonial home or was at any time intended by them to be their matrimonial home.