Commentary on Sections Part 3 - Civil Partnerships: Scotland.Introduction Chapter 3 – Occupancy Rights and Tenancies Section 102: Occupancy: subsidiary and consequential rights
203.This section sets out the rights ancillary to the occupancy rights of a non-entitled partner in relation to the family home. Subsection (1)(a) to (f) list the duties that a non-entitled partner can undertake without the permission of the entitled partner. Subsection (2) details the circumstances in which if an obligation has been performed or enforced by a non-entitled partner, it will be treated in the same way as if it had been made by the entitled partner.
204.Subsection (3) provides that, where there is an entitled and non-entitled partner, the court may make an order apportioning costs incurred or to be incurred by either civil partner if they carry out any of the duties in subsection (1)(a) to (d) without the consent of the other civil partner, or perform any other activity in respect of the family home with the consent of the other civil partner.
205.Subsection (4) sets out the situation as it applies to civil partners where both are entitled or permitted by a third party to occupy a family home. This subsection sets out what each civil partner can do and note matters to which the court may have regard in making an order.
206.Subsection (5) covers the situation where one civil partner owns or hires goods such as furniture in a family home. The subsection sets out what the other civil partner may do in connection with these goods. It also sets out how the court may treat such goods if making an order to apportion expenditure in respect of these goods.
207.Subsections (6) to (9) specify additional criteria relevant to previous subsections of this section.