Commentary on Sections Part 3 - Civil Partnerships: Scotland.Introduction Chapter 3 – Occupancy Rights and Tenancies Section 103: Regulation by court of rights of occupancy of family home
208.This section sets out the regulation by the court of rights of occupancy of the family home. Subsections (1) and (2) detail the type of order a civil partner may apply for from the court in connection with occupancy of the family home or possession or use of goods owned or hired by one of the civil partners.
209.Subsection (3) sets out the factors that the court will consider in determining an application for an order. Subsection (4) gives the court power to make an interim order under certain circumstances. Subsection (5) prevents the court from making an order, if the effect of that order would be to exclude the non-applicant civil partner from the family home.
210.Subsection (6) allows the court, on the granting of an order under subsections (3) or (4), to grant a warrant allowing a messenger-at-arms or sheriff officer to enter the family home or other premises to search for and take possession of the item required to be delivered and to deliver the item in accordance with the order that is granted. Subsection (7) provides that such a warrant be executed only after the end of a period specified in the order for delivery.
211.Subsection (8) provides that the court can order one civil partner to pay compensation to the other if its appears to the court that the latter has suffered a loss of occupancy rights, impaired occupation of the family home, or impaired use of the items in the civil partner’s possession as a consequence of any act or default on the part of the other civil partner.
212.Subsection (9) provides for a civil partner to renounce rights to apply under subsection (2) for the possession or use of any item as detailed in that subsection.