Search Legislation

Matrimonial Homes (Family Protection) (Scotland) Act 1981

 Help about what version

What Version

 Help about opening options

Opening Options

Changes to legislation:

Matrimonial Homes (Family Protection) (Scotland) Act 1981 is up to date with all changes known to be in force on or before 19 March 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

View outstanding changes

Changes and effects yet to be applied to :

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  1. Introductory Text

  2. Protection of occupancy rights of one spouse against the other

    1. 1. Right of spouse without title to occupy matrimonial home.

    2. 2. Subsidiary and consequential rights.

    3. 3. Regulation by court of rights of occupancy of matrimonial home.

    4. 4. Exclusion orders.

    5. 5. Duration of orders under ss. 3 and 4.

  3. Occupancy rights in relation to dealings with third parties

    1. 6. Continued exercise of occupancy rights after dealing.

    2. 7. Dispensation by court with spouse’s consent to dealing.

    3. 8. Interests of heritable creditors.

    4. 9. Provisions where both spouses have title.

  4. Reckoning of non-cohabitation periods in sections 1 and 6

    1. 9A.Effect of court action under section 3, 4 or 5 on reckoning of periods in sections 1 and 6

  5. Protection of rights of spouse against arrangements intended to defeat them

    1. 10.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. 11. Poinding.

    3. 12. Adjudication.

  6. Transfer of tenancy

    1. 13. Transfer of tenancy.

  7. Matrimonial interdicts

    1. 14. Interdict competent where spouses live together.

    2. 15. Attachment of powers of arrest to matrimonial interdicts.

    3. 16. Police powers after arrest.

    4. 17. Procedure after arrest.

  8. Cohabiting couples

    1. 18. Occupancy rights of cohabiting couples.

  9. Domestic interdicts

    1. 18A.Meaning of “domestic interdict”

    2. 18B.Domestic interdicts: further provision

  10. Miscellaneous and General

    1. 19. Rights of occupancy in relation to division and sale.

    2. 20. Spouse’s consent in relation to calling up of standard securities over matrimonial homes.

    3. 21. Procedural provision

    4. 22. Interpretation.

    5. 23. Short title, commencement and extent.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources