Statement by the European Union for the Working Session 7
In the Matrimonial Homes Act 1967 (in this Part of this Act referred to as " the Act of 1967 ") for the words " any estate or interest" in section 1(1) and for the words " an estate or interest " in section 2(1) (which refer in each case to the estate or interest entitling a spouse to occupy a dwelling house) there shall be substituted the words " a beneficial estate or interest ".
In section 1 of the Act of 1967 after subsection (5) (which relates to the satisfaction by a spouse having rights of occupation under the Act of liabilities of the other spouse) there shall be inserted the following subsection—
In section 2(3)(b) of the Act of 1967 for " (5) " there shall be substituted " (5A) ".
In section 2 of the Act of 1967, after subsection (1), there shall be inserted as subsection (1A)—
In the provisions of the Act of 1967 mentioned in Schedule 1 to this Act there shall be made the amendments provided for by that Schedule, being amendments arising out of the insertion of section 2(1A) in that Act.
In the Act of 1967, after section 7, there shall be inserted the following section 7A, and subsection (1) of that section 7A shall be deemed always to have had effect:—
At the end of section 1 of the Act of 1967 there shall be inserted the following subsection—
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At the end of section 64 of the Land Registration Act 1925 there shall be inserted the following subsection—
In section 2 of the Act of 1967 after subsection (7) there shall be inserted the following subsection—, and in the said subsection (7) the words " or caution " shall be omitted, but this subsection shall not affect any caution duly lodged before the commencement of this Act as respects any estate or interest.
At the end of the said section 2 there shall be added the following subsection—.
After section 112A of the Land Registration Act 1925 there shall be inserted the following section—
In section 1(5) of the Act of 1967 (which provides that a spouse's occupation by virtue of that section shall for the purposes of the Rent Act 1977 be treated as possession by the other spouse) before the words " the Rent Act 1977" there shall be inserted the words " the Rent (Agriculture) Act 1976, and of ".
In section 2(8) of the Act of 1967 after the words " section 94 of that Act" there shall be inserted the words " of 1925 ".
At the end of section 4 of the Domestic Violence and Matrimonial Proceedings Act 1976 (order restricting occupation of matrimonial home) there shall be inserted the following subsection—.
The Act of 1967 shall be amended as follows.
Schedule 2 to this Act shall have effect
At the end of the Act of 1967 insert the Schedule in Schedule 2 to this Act (which re-enacts section 7 with modifications).
The existing Schedule to the Act of 1967 shall be numbered Schedule 1.
After section 24 of the Matrimonial Causes Act 1973 there shall be inserted the following section—
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In section 31 of the said Act of 1973 (which provides for the variation and discharge of certain orders for financial relief)—
at the end of subsection (2) there shall be inserted the following paragraph—;
in subsection (6) for the words “may be made by the person entitled to payments under the order” there shall be substituted the words “(and to any order made under section 24A(1) above which requires the proceeds of sale of property to be used for securing those payments) may be made by the person entitled to payments under the periodical payments order.”
(3A) Where any such order as is mentioned in paragraph (e) of section 23(1) of the Matrimonial Causes Act 1973, being an order made under section 23(1) or (2)(a) of that Act, ceases to have effect by virtue of sub-paragraph (2) or (3) above, any order made under section 24A(1) of that Act which requires the proceeds of sale of property to be used for securing periodical payments under the first mentioned order shall also cease to have effect.
This Act shall come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint, and different days may be appointed for different provisions of this Act.
This Act may be cited as the Matrimonial Homes and Property Act 1981.
The enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
This Act does not extend to Scotland or Northern Ireland.
In section 2 of the Act of 1967—
in subsection (3)—
after the words " the estate or interest of the other spouse " there shall be inserted the words " or of trustees for the other spouse "; and
after the words " deriving title under the other spouse", in paragraph (a) and in paragraph (b), there shall be inserted the words " or under the trustees ";
in subsection (4)—
for the words " the estate or interest of the other spouse " there shall be substituted the words " the estate or interest surrendered "; and
after the words "deriving title to the other estate or interest under the other spouse " there shall be inserted the words " or, as the case may be, under the trustees for the other spouse ";
in subsection (5) after the words " the estate or interest of the other spouse " there shall be inserted the words " or of trustees for the other spouse ";
in subsection (7) after the words " the legal estate by virtue of which a spouse is entitled to occupy a dwelling house " there shall be inserted the words " (including any legal estate held by trustees for that spouse) ";
in subsection (8) after the words " the estate or interest of the other spouse " there shall be inserted the words " or of trustees for the other spouse ".
In section 3 of the Act of 1967 for the words "charge on the estate or interest of the other spouse in each of two or more dwelling houses " there shall be substituted the words " registrable charge in respect of each of two or more dwelling houses ".
In section 5(1) of the Act of 1967 for the words " the estate or interest of the other spouse " there shall be substituted the words " an estate ".
In section 6(3) of the Act of 1967 the words " of the other spouse " shall be omitted.
Chapter Short Title Extent of Repeal 1967 c. 75. Matrimonial Homes Act 1967. In section 2(7) the words “or caution”. In section 2(8) the words “or interest” (twice). In section 4(1) the words “or interest” (three times). In section 4(5) the words “or interest”. In section 5(2)(a) the words “or interest”. 1968 c. 23. Rent Act 1968. In Schedule 15 the amendments of section 7 of the Matrimonial Homes Act 1967 (as saved by paragraph 30 of Schedule 24 to the Rent Act 1977). 1976 c. 80. Rent (Agriculture) Act 1976. In Schedule 8 paragraph 16. 1977 c. 42. Rent Act 1977. In Schedule 23 paragraph 41. 1980 c. 51. Housing Act 1980. In Schedule 25 paragraphs 15, 16 and 17. The repeals in the Matrimonial Homes Act 1967 shall not affect any caution duly lodged before the commencement of this Act as respects any estate or interest.