Occupancy Rights - Matrimonial Property

Question 1

Matrimonial Homes (Family Protection) (S) Act 1981

Answer 1

Combats the mischief in the law which meant that the spouse with the title to property had all the power and could evict the spouse at will.

Question 2

S1

Answer 2

Gives automatic occupancy rights to those who are married

Question 3

S3

Answer 3

Either party may along for a regulatory order and the court can either enforce applicants right to occupancy or reatrict other spouse

When the court is doing this it must make sure it is just and reasonable

Question 4

S3(3)

Answer 4

The court will make its decision by looking at factors in this election

Question 5

S4

Answer 5

It can excluse either spouse from the home provided that it is necessary for the protection for the applicant and any child from any cknduct or threatened conduct mentally or physically

Question 6

S4 originally

Answer 6

This was difficult because the test was too high and severe

Question 7

Bell v Bell and Smith v Smith

Answer 7

If the applicant as living outside of the home at the time of the application then it could not be granted

Question 8

Brown v Brown and Robertson v Robertson

Answer 8

Change in approach meant that the application could go through weather they were living in the house or not

Question 9

Interdict

Answer 9

Can be granted instead of exclusion orders which will restraint or prohibit any conduct of one spouse towards the other spouse and this can be done when they live together

Question 10

Mccafferty v mccafferty

Answer 10

This set out the necessity test

1. What is the conduct
2. Will the conduct be repeated if the cohab continues m
3. Has the conduct been harmful to mental or physical health
4. If yes is the order needed to protect them in the future