HL Deb 30 January 1996 vol 568 cc1426-7

INTRODUCTORY

Scope of Part I

1 .—(1) In this Part of this Schedule—

  1. (a) Chapter II provides, subject to certain exceptions, for husband and wife to become joint owners of land if it is owned by either of them while comprised in a property in which they have a matrimonial home after this Part comes into force; and
  2. (b) Chapter III makes provision as to the rights of a husband or wife in relation to land of which, while so comprised, they are or have been co-owners (whether statutory co-owners or not), and as to related matters.
In this Part "statutory co-ownership" means co-ownership by virtue of the operation of Chapter II, and "statutory co-owner" shall be construed accordingly. (2) In this Part references to husband and wife and to marriage apply whether or not the marriage was entered into under a law which permits polygamy; but there shall be no statutory co-ownership on any occasion if at the time the husband has more than one wife or the wife more than one husband. (3) In this Part references to marriage apply to a voidable marriage, notwithstanding that it is retroactively annulled, and references to husband and wife shall be construed accordingly.

Meaning of "own" and related terms

2.—(1) In this Part of this Schedule the expression "own" and related terms refer to beneficial ownership and do not include ownership in a fiduciary capacity. (2) Subject to sub-paragraph (1) above land is for the purposes of this Part "owned" by a person if, but only if—

  1. (a) he is (within the meaning of the Law of Property Act 1925) the estate owner in respect of the fee simple absolute in possession or in respect of a term of years absolute in possession; or
  2. (b) he has a corresponding equitable interest.
(3) Where an equitable interest arises under a contract to convey or grant, for valuable consideration, an estate or interest within sub-paragraph (2)(a) or (b) above, the said sub-paragraph (2)(b) shall not apply to the equitable interest so arising if and so long as the consideration has not been paid or transferred. (4) Subject to sub-paragraph (5) below, where land or an interest in land is held on trust for sale, persons having an interest in the proceeds to arise from the sale and in the rents and profits till sale are for purposes of this Part to be treated as having the equivalent interest in the land; and sub-paragraph (2)(b) above shall include the case where a person is joint tenant or tenant in common of such an interest as is there mentioned. (5) A person is not to be treated for purposes of this Part as owning land by virtue of an interest he has in it as a member of a partnership; and for this purpose any interest a person has in land as a member of a partnership shall be deemed, notwithstanding that the partnership is dissolved or he ceases to be a member of it, to continue to be one he has as a member of it so long as any other person has any claim on the interest (or the property in which the interest subsists) as a member or former member of the partnership or in right of a former member.

What constitutes a property

3.—(1) Subject to the following sub-paragraphs, references in this Part to a "property" are to be read as references to a house or flat and any garage, outhouse, garden, yard and appurtenances going with it which from time to time constitutes or together constitute a dwelling. For this purpose "house or flat" includes a maisonette and any other separately occupied part of a building, but does not include a caravan or other structure designed or adapted for human habitation unless it forms part of the land on which it is sited. (2) Where husband and wife set up or have a home in a property as described in sub-paragraph (1) above, or a man and woman having a home in a property as so described marry, the property shall be taken to extend to any other land which—

  1. (a) is owned by them or either of them and goes with the property as an adjunct to it; but
  2. (b) does not form part of their dwelling either because it is used for business or other non-residential purposes or because it is not in their occupation.
(3) Land not for the time being forming part of a property as described in sub-paragraph (I) above is, in particular, to be regarded under sub-paragraph (2) as going with the property if, given its situation and relation to the property, its primary use is likely to be for, or subservient to, the domestic purposes of an occupier of the property, including in those purposes the provision of accommodation for a parent or other dependant and such professional or business activities as those engaged in them commonly carry on at their homes. (4) Without prejudice to section 25 of the Interpretation Act 1978, references in this Part to land are to be read as including parts of houses or buildings.

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