Section 91 — Property (Relationships) Act 1976: Qualifications on application of sections 25 to 34 and 43 to 44F

91 Qualifications on application of sections 25 to 34 and 43 to 44F (1) The Court must not make an order in proceedings commenced after the death of 1 of the spouses or partners unless it is satisfied that 1 of the spouses or partners has died. (2) When the Court makes an order under section 27(1) , the surviving spouse or partner is entitled personally to occupy the family home or other premises to which the order relates, to the exclusion of any other person who would otherwise be entitled to occupy the family home or those premises. (3) The Court may not make an order under section 28 in favour of a surviving spouse or partner unless,— (a) at the time of the making of the order, the tenancy of the dwellinghouse is vested in the personal representative of the deceased spouse or partner; and (b) either— (i) at the time of the making of the order, the surviving spouse or partner is residing in the dwellinghouse; or (ii) at the date of the death of the deceased spouse or partner, the deceased spouse or partner was the sole tenant of the dwellinghouse, or was a tenant in common with the surviving spouse or partner. Sections 55 to 57 were repealed, and new Part 8 (comprising sections 55 to 95) and Part 9 (comprising sections 96 to 99) were inserted, as from 1 February 2002, by section 61 Property (Relationships) Amendment Act 2001 (2001 No 5). See Part 9 of this Act as to the transitional and saving provisions. Subsection (1) 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 ” in both places they appear. Subsections (2) and (3) 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 ” wherever they appear.