AI-assisted research summary: This Act lets the court order the sale of certain marital property in support of financial orders, and it sets conditions for when those sale orders take effect or end.
Matrimonial Homes and Property Act 1981 An Act to amend the Matrimonial Homes Act 1967, and to make further provision as to the rights of husbands and wives to possession or occupation of any matrimonial home or former matrimonial home, and as to orders for the sale of property under the Matrimonial Causes Act 1973. Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After section 24 of the Matrimonial Causes Act 1973 there shall be inserted the following section— Where the court makes under section 23 or 24 of this Act a secured periodical payments order, an order for the payment of a lump sum or a property adjustment order, then, on making that order or at any time thereafter, the court may make a further order for the sale of such property as may be specified in the order, being property in which or in the proceeds of sale of which either or both of the parties to the marriage has or have a beneficial interest, either in possession or reversion. Any order made under subsection (1) above may contain such consequential or supplementary provisions as the court thinks fit and, without prejudice to the generality of the foregoing provision, may include— provision requiring the making of a payment out of the proceeds of sale of the property to which the order relates, and provision requiring any such property to be offered for sale to a person, or class of persons, specified in the order. Where an order is made under subsection (1) above on or after the grant of a decree of divorce or nullity of marriage, the order shall not take effect unless the decree has been made absolute. Where an order is made under subsection (1) above, the court may direct that the order, or such provision thereof as the court may specify, shall not take effect until the occurrence of an event specified by the court or the expiration of a period so specified. Where an order under subsection (1) above contains a provision requiring the proceeds of sale of the property to which the order relates to be used to secure periodical payments to a party to the marriage, the order shall cease to have effect on the death or re-marriage of that person. In section 31 of the said Act of 1973 (which provides for the variation and discharge of certain orders for financial relief)— at the end of subsection (2) there shall be inserted the following paragraph— any order made under section 24A(1) above for the sale of property in subsection (6) for the words “may be made by the person entitled to payments under the order” there shall be substituted the words “(and to any order made under section 24A(1) above which requires the proceeds of sale of property to be used for securing those payments) may be made by the person entitled to payments under the periodical payments order.” In paragraph 11 of Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 (which relates to the effect on an order for periodical payments of the stay of proceedings for divorce, judicial separation or nullity of marriage) after sub-paragraph (3) there shall be inserted the following sub-paragraph— (3A) Where any such order as is mentioned in paragraph (e) of section 23(1) of the Matrimonial Causes Act 1973, being an order made under section 23(1) or (2)(a) of that Act, ceases to have effect by virtue of sub-paragraph (2) or (3) above, any order made under section 24A(1) of that Act which requires the proceeds of sale of property to be used for securing periodical payments under the first mentioned order shall also cease to have effect. This Act shall come into force on such day as the Lord Chancellor may by order made by statutory instrument appoint, and different days may be appointed for different provisions of this Act. This Act may be cited as the Matrimonial Homes and Property Act 1981. The enactments specified in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Schedule. This Act does not extend to Scotland or Northern Ireland. The repeals in the Matrimonial Homes Act 1967 shall not affect any caution duly lodged before the commencement of this Act as respects any estate or interest. Ss. 1–3, 4(2)(3), 5, 6, Schs. 1, 2 repealed by Matrimonial Homes Act 1983 (c. 19, SIF 49:5), ss. 12, 13(3), Sch. 3 The text of ss. 4(1), 7, 8(2)(3), 10(2), Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. 1973 c. 18 S. 8(1) repealed by Matrimonial and Family Proceedings Act 1984 (c. 42, SIF 49:3), ss. 46(3), 48(2), Sch. 3 1973 c. 45. S. 9: Power of appointment conferred by s. 9 fully exercised: S.I. 1981/1275; 1983/50 S. 4 repealed (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1)