Q&As

What is the procedure for an application under the Family Law Act 1996 for a transfer of tenancy between a married couple?

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Published on LexisPSL on 26/09/2017

The following Family Q&A provides comprehensive and up to date legal information covering:

  • What is the procedure for an application under the Family Law Act 1996 for a transfer of tenancy between a married couple?

What is the procedure for an application under the Family Law Act 1996 for a transfer of tenancy between a married couple?

Under Schedule 7, Part II, paragraph 7(2) to the Family Law Act 1996 (FLA 1996, Sch 7, Pt II, para 7(2)) if one spouse is entitled, either in their own right or jointly with the other spouse, to occupy a dwelling house by virtue of a relevant tenancy, the court may make a transfer of tenancy order on granting a decree of divorce, a decree of nullity of marriage or a decree of judicial separation or at any time thereafter (whether, in the case of a decree of divorce or nullity of marriage, before or after the decree is made absolute).

The power to transfer the tenancy to a former spouse arises on decree nisi and the order becomes effective on decree absolute.

If, however, either spouse remarries that spouse will not be entitled to apply for a transfer of tenancy order (FLA 1996, Sch 7, Pt III, para 13).

The court must not, however, make a transfer of tenancy order unless the dwelling house is or was the family home (FLA 1996, Sch 7, Pt I, para 4)

Part 8, Chapter 7 of the Family Procedure Rules 2010, SI 2010/2955 (FPR 2010, SI 2010/2955, Pt 8, Ch 7) provides the specific requirements for transfer of tenancy applications (as

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