Section 28C — Property (Relationships) Act 1976: Furniture required to equip another household

28C Furniture required to equip another household (1) Regardless of section 23 , the Court may at any time make an order granting to either the spouse or partner (the applicant ) the possession and use of all or any of the furniture, household appliances, and household effects in— (a) the family home or any other premises forming part of the relationship property; or (b) any dwellinghouse in respect of which a tenancy order could be made under section 28(1) in favour of the applicant. (2) Either spouse or partner may apply for an order under this section. (3) The Court may make an order under this section only if it is satisfied that the furniture, household appliances, and household effects are reasonably required to equip another dwellinghouse in which the applicant is or will be living (whether alone or with 1 or more children of the marriage, civil union, or de facto relationship. (4) In determining whether to make an order under this section, the Court must have particular regard to any need of the applicant to have suitable furniture, household appliances, and household effects to provide for the needs of any children of the marriage, civil union, or de facto relationship, where those children live, or will be living, with the applicant. (5) Subsection (4) does not limit section 26(1) . (6) An order made under this section may be for such period, and on such terms and conditions, as the Court thinks fit. Compare: 1995 No 86 s 67 Section 28B was substituted, and sections 28C and 28D were inserted, as from 1 February 2002, by section 29 Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. Subsections (1) and (2) were 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 ” . Subsection (3) was amended, as from 26 April 2005, by section 3(4) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the words “ , civil union, or de facto relationship ” for the words “ or, as the case requires, 1 or more children of the de facto relationship) ” . Subsection (4) was amended, as from 26 April 2005, by section 3(4) Property (Relationships) Amendment Act 2005 (2005 No 19) by substituting the words “ , civil union, or de facto relationship, where those children live, or will be living, with the applicant ” for the words “ or, as the case requires, any children of the de facto relationship, where those children live, or will be living, with the applicant ” .