35 One former spouse [or former civil partner] with no existing right to occupy
Family Law Act 1996 (1996 c 27) | Legislation

35  One former spouse [or former civil partner] with no existing right to occupy

(1)     This section applies if—

(a)     one former spouse [or former civil partner] 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;

(b)     the other former spouse [or former civil partner] is not so entitled; and

[(c)     the dwelling-house—

(i)     in the case of former spouses, was at any time their matrimonial home or was at any time intended by them to be their matrimonial home, or

(ii)     in the case of former civil partners, was at any time their civil partnership home or was at any time intended by them to be their civil partnership home].

(2)     The former spouse [or former civil partner] not so entitled may apply to the court for an order under this section against the other former spouse [or former civil partner] (“the respondent”).

(3)     If the applicant is in occupation, an order under this section must contain provision—

(a)     giving the applicant the right not to be evicted or excluded from the dwelling-house or any part

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