Commentary on Sections Part 3 - Civil Partnerships: Scotland.Introduction Chapter 3 – Occupancy Rights and Tenancies Section 108: Interests of heritable creditors
219.This section explains the rights that a heritable creditor has where there is an interest in the family home. Subsection (1) provides the grounds under which a creditor, who has an interest in the family home, can seek an order from the court for the non-entitled partner to make a payment, where such a payment is due. Subsections (2) to (4) attach conditions and exceptions to this situation.