Section 30 of the Act, deals with 'matrimonial home rights'. It applies where one spouse or civil partner (Person A) is entited to occupy a dwelling-house by virtue of (i) a beneficial estate or interest or contract, or (ii) any enactment giving that spouse the right to remain in occupation, and the other spouse or civil partner (Person B) is not so entitled.
In those circumstances, Person B has the following matrimonial home rights:
(a) if in occupation, a right not to be evicted or excluded from the dwelling-house or any part of it by Person A except with the leave of the court given by an order under section 33;
(b) if not in occupation, a right with the leave of the court so given to enter into and occupy the dwelling-house.
Section 30 also contains two important qualifications:
Subsection (7) provides that the section does not apply to a dwelling-house which has at no time been, and which was at no time intended by the spouses to be, a matrimonial home of theirs.
Subsection (8) provides that a spouse's matrimonial home rights continue (a) only so long as the marriage subsists, except to the extent that an order under section 33(5) otherwise provides, and (b) only so long as the other spouse is entitled as mentioned in subsection (1) to occupy the dwelling-house, except where provision is made by section 31 for those rights to be a charge on an estate or interest in the dwelling-house.
Accordingly, subject to an order of the court under section 33(5), extending the matrimonial home rights where it is just and reasonable to do so, the rights will subsist until: the death of the other spouse or civil partner; the termination of the marriage or civil partnership; or the determination of the spouse or civil partner's entitlement to occupy the dwelling-house.