Section 27 — Property (Relationships) Act 1976: Occupation orders

27 Occupation orders (1) The Court may make an order granting to either spouse or partner, for such period or periods and on such terms and subject to such conditions as the Court thinks fit, the right personally to occupy the family home or any other premises forming part of the relationship property. (2) Where an order is made under subsection (1) of this section, the person in whose favour it is made shall be entitled, to the exclusion of the other spouse or partner, personally to occupy the family home or the other premises to which the order relates. (3) an order made under subsection (1) of this section against a spouse or partner shall be enforceable against the personal representative of the person against whom it is made, unless the Court otherwise directs. (4) An order made under subsection (1) of this section by a District Court or a Family Court shall be enforceable as if it were an order for recovery of land made pursuant to section 31(1)(d) of the District Courts Act 1947 . (5) In proceedings commenced after the death of 1 of the spouses or partners, this section is modified by section 91 . Compare: 1963 No 71 s 57 Section 27 was amended, as from 26 April 2005, by section 3(2) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partner ” for the words “ de facto partner ” wherever they appear. Subsection (1) was amended, as from 1 February 2002, by section 26(1)(a) Property (Relationships) Amendment Act 2001 (2001 No 5) by substituting the words “ either spouse or de facto partner ” for the words “ the husband or the wife ” . See Part 9 of this Act as to the transitional and saving provisions. Subsection (1) was amended by section 26(1)(b) Property (Relationships) Amendment Act 2001 (2001 No 5) by substituting the word “ family ” for the first occurrence of the word “ matrimonial ” . See Part 9 of this Act as to the transitional and saving provisions. Subsection (1) was amended by section 26(1)(c) Property (Relationships) Amendment Act 2001 (2001 No 5) by substituting the word “ relationship ” for the second occurrence of the word “ matrimonial ” See Part 9 of this Act as to the transitional and saving provisions. Subsection (2) was amended, as from 1 February 2002, by section 26(2)(a) Property (Relationships) Amendment Act 2001 (2001 No 5) by inserting the words “ or de facto partner ” after the word “ spouse ” . See Part 9 of this Act as to the transitional and saving provisions. Subsection (2) was amended, as from 1 February 2002, by section 26(2)(b) Property (Relationships) Amendment Act 2001 (2001 No 5) by substituting the word “ family ” for the word “ matrimonial ” . See Part 9 of this Act as to the transitional and saving provisions. Subsection (3) was amended, as from 1 February 2002, by section 26(3)(a) Property (Relationships) Amendment Act 2001 (2001 No 5) by omitting the words “ Notwithstanding anything in section 5 of this Act ” . See Part 9 of this Act as to the transitional and saving provisions. Subsection (3) was amended, as from 1 February 2002, by section 26(3)(b) Property (Relationships) Amendment Act 2001 (2001 No 5) by substituting the words “ a spouse or de facto partner ” for the words “ the husband or wife ” . See Part 9 of this Act as to the transitional and saving provisions. Subsection (4) was amended, as from 1 October 1981, by section 17(1) Family Courts Act 1980 (1980 No 161) by substituting the words “ District Court or a Family ” for the word “ Magistrate's ” , and the word “ District ” for the word “ Magistrate ” . Subsection (5) was inserted, as from 1 February 2002, by section 26(4) Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. Subsection (5) was amended, as from 26 April 2005, by section 3(1) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the word “ partners ” for the words “ de facto partners ” .