Enforceability in the Registered System - Statute

4 important questions on Enforceability in the Registered System - Statute

What is the name of the statutory provisions which gives non-owning spouse certain rights, principally a right of occupation?

S 30 of the Family Law Act 1966

What are the rights of non-owning spouses?

Home rights, principally a right of occupation against the other spouse.

What are the two conditions that need to be satisfied for 'home rights' under s 30 of the Family Law Act 1966?

(a) the parties are legally married (not divorced)
(b) the home is, has been or is intended to be the matrimonial home (ordinarily occupied as their family home)
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Does the 'home rights' provision under s 30 FLA 1966 apply to same-sex couples?

Same-sex couples who have registered their partnership under the Civil Partnership Act 2004.

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