656. Rights of occupation of bankrupt's spouse or civil partner.

Where a spouse's or civil partner's home rights1 are a charge on the estate or interest of the other spouse or civil partner, or of trustees for the other spouse or civil partner, and the other spouse or civil partner is made bankrupt:

  1.  

    (1)     the charge continues to subsist notwithstanding the bankruptcy and, subject to the provisions of the Family Law Act 1996, binds the trustee of the bankrupt's estate and persons deriving title under that trustee2; and

  2.  

    (2)     any application for an occupation order where the applicant has an estate or interest or has home rights3 must be