Land registry and the family home protective rules
The right of occupation of a spouse or a civil partner is provided for by the Matrimonial Homes (Family Protection) (Scotland) Act 1981 and the Civil Partnership Act 2004. There is no direct prohibition or restriction however the practical effect of the legislation largely achieves this as on a sale any purchaser should be mindful of the potential right of continued occupation by a spouse or partner of the seller.
We will not check that the seller has complied with the provisions contained in the Matrimonial Homes or Civil Partnership legislation. We rely upon the certification of the agent submitting the application for registration that they are satisfied that all appropriate statutory procedures and requirements have been complied with before submitting the application for registration.
Any rights of a spouse or civil partner do not require to appear in the land register.
Other Overriding mandatory provisions in family law
Section 112-115 of the Bankruptcy (Scotland) Act 2016 provides protection to spouses and civil partners as well as providing certain restrictions on the sale of a family home in the event of the owner’s bankruptcy.
Pietro had inherited a house from his parents’ succession. He is registered in the land book as sole owner. After that, he marries Sofía and they establish their family home at that house, where they live with their two little children.
Now, Pietro has received a very interesting offer for the house from an Investing company called Paradise Rooms SA, so he decides to sell it. Pietro and the representative director of the company have signed the purchase contract before the notary and have sent it to the land registry to register the new owner.
Provided all the formal requirements are accomplished, this deed of transfer will be registered in the land register.