Q&As

The family home is registered in the sole name of one spouse and the other spouse registered their home rights under the Family Law Act 1996. Decree absolute has been pronounced, but there are no financial proceedings. What rights does the non-owning spouse have to remain in the property in the event that they made an application to extend their home rights before decree absolute, or where they did not make an application to extend their home rights? In what other ways could the non-owning spouse protect both their interest in the property and their occupation of the property?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 26/09/2018

The following Family Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • The family home is registered in the sole name of one spouse and the other spouse registered their home rights under the Family Law Act 1996. Decree absolute has been pronounced, but there are no financial proceedings. What rights does the non-owning spouse have to remain in the property in the event that they made an application to extend their home rights before decree absolute, or where they did not make an application to extend their home rights? In what other ways could the non-owning spouse protect both their interest in the property and their occupation of the property?

The family home is registered in the sole name of one spouse and the other spouse registered their home rights under the Family Law Act 1996. Decree absolute has been pronounced, but there are no financial proceedings. What rights does the non-owning spouse have to remain in the property in the event that they made an application to extend their home rights before decree absolute, or where they did not make an application to extend their home rights? In what other ways could the non-owning spouse protect both their interest in the property and their occupation of the property?

Section 30 of the Family Law Act 1996 (FLA 1996) provides that where spouse A is entitled to occupy a dwelling house through a beneficial interest in it, or where an enactment gives a right to A to remain in occupation, and spouse B is not so entitled, B is given home rights. These home rights, as set out in FLA 1996, s 30(2) are the rights not to be evicted or excluded by A save with the permission

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