Where one spouse or civil partner1 ('A') is entitled2 to occupy a dwelling house3 by virtue of a beneficial estate or interest or contract, or by virtue of any enactment giving A the right to remain in occupation, the spouse or civil partner not so entitled ('B') has the following rights ('home rights'):
(1) if in occupation, a right not to be evicted or excluded from the dwelling house or any part of it by A except with the leave of the court4;
(2) if not in occupation, a right with the leave of the court so given to
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