Section 110: Rights of occupancy in relation to division and sale

Civil Partnership Act 2004 · 2004 c. 33View on legislation.gov.uk

Part 3: Civil partnership: Scotland — Chapter 3: Occupancy rights and tenancies

Where a civil partner brings an action for the division and sale of a family home owned in common with the other civil partner, the court, after having regard to all the circumstances of the case including—

the matters specified in paragraphs (a) to (d) of section 103(3), and
whether the civil partner bringing the action offers or has offered to make available to the other civil partner any suitable alternative accommodation,

may refuse to grant decree in that action or may postpone the granting of decree for such period as it considers reasonable in the circumstances or may grant decree subject to such conditions as it may prescribe.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.