Dispensing with the consent of a non-entitled spouse.

Abstract

Discusses the right given to a non-owning spouse to occupy the matrimonial home under the Matrimonial Homes (Family Protection) (Scotland) Act 1981 and in particular s.7 which allows the court to dispense with the non-owning spouse's consent to dealings with the matrimonial home. Draws attention to problems associated with s.7 and attempts to resolve them by the amendments in the Family Law (Scotland) Act 2006

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