Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

PART 4

Shared Home Protection

27.

Interpretation.

27.— In this Part—

“conduct” includes an act and a default or other omission;

“conveyance” includes a mortgage, lease, assent, transfer, disclaimer, release, another disposition of property otherwise than by a will or a donatio mortis causa, and an enforceable agreement, whether conditional or unconditional, to make one of those conveyances;

“dwelling” means a building or part of a building occupied as a separate dwelling and includes—

( a) a garden or other land usually occupied with the building that is subsidiary and ancillary to it, is required for amenity or convenience and is not being used or developed primarily for commercial purposes,

( b) a structure that is not permanently attached to the ground, and

( c) a vehicle or vessel, whether mobile or not, occupied as a separate dwelling;

“interest” means any estate, right, title or other interest, legal or equitable;

“mortgage” includes an equitable mortgage, a charge on registered land and a chattel mortgage;

“rent” includes a conventional rent, a rentcharge within the meaning of section 2(1) of the Statute of Limitations 1957 and a terminable annuity payable in respect of a loan for the purchase of a shared home;

“shared home” means—

( a) subject to paragraph (b), a dwelling in which the civil partners ordinarily reside; and

( b) in relation to a civil partner whose protection is in issue, the dwelling in which that civil partner ordinarily resides or, if he or she has left the other civil partner, in which he or she ordinarily resided before leaving.