Subsections (2) and (3) apply if, at any time during a marriage or civil partnership, A is entitled to occupy a dwelling-house by virtue of a beneficial estate or interest.
B's home rights are a charge on the estate or interest.
The charge created by subsection (2) has the same priority as if it were an equitable interest created at whichever is the latest of the following dates—
Subsections (5) and (6) apply if, at any time when B's home rights are a charge on an interest of A under a trust, there are, apart from A or B, no persons, living or unborn, who are or could become beneficiaries under the trust.
The rights are a charge also on the estate or interest of the trustees for A.
The charge created by subsection (5) has the same priority as if it were an equitable interest created (under powers overriding the trusts) on the date when it arises.
In determining for the purposes of subsection (4) whether there are any persons who are not, but could become, beneficiaries under the trust, there is to be disregarded any potential exercise of a general power of appointment exercisable by either or both of A and B alone (whether or not the exercise of it requires the consent of another person).
Even though B's home rights are a charge on an estate or interest in the dwelling-house, those rights are brought to an end by—
unless the court directs otherwise by an order made under section 33(5).
If—
the surrender has effect subject to the charge and the persons thereafter entitled to the other estate or interest are, for so long as the estate or interest surrendered would have endured if not so surrendered, to be treated for all purposes of this Part as deriving title to the other estate or interest under A or, as the case may be, under the trustees for A, by virtue of the surrender.
If the title to the legal estate by virtue of which A is entitled to occupy a dwelling-house (including any legal estate held by trustees for A) is registered under the Land Registration Act 2002 or any enactment replaced by that Act—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If—
then if, after the date of the creation of the mortgage ( "the first mortgage"), the charge is registered under section 2 of the Land Charges Act 1972, the charge is, for the purposes of section 94 of the Law of Property Act 1925 (which regulates the rights of mortgagees to make further advances ranking in priority to subsequent mortgages), to be deemed to be a mortgage subsequent in date to the first mortgage.
It is hereby declared that a charge under subsection (2) or (5) is not registrable under subsection (10) or under section 2 of the Land Charges Act 1972 unless it is a charge on a legal estate.