Matrimonial Homes Act 1967
Encyclopedia
The Matrimonial Homes Act 1967 (C.75) was an Act
of the Parliament of the United Kingdom
designed to reverse the House of Lords
decision in National Provincial Bank Ltd v Ainsworth [1965] AC 1175, where it ruled that a deserted wife had no right to stay in the family home.
The House of Lords effectively nullified Denning's work with the case National Provincial Bank Ltd v Ainsworth [1965] AC 1175 in 1965, which ruled that the deserted wife had no license to stay. The Act was primarily aimed at reversing this decision, and to this end it states that where one person has the right to occupy a property and his spouse does not, the spouse can occupy the property if it has been used as the marital home. The spouse can only be evicted with a court order, and the court can grant her the right to occupy the house if she is not in occupation at the time of the desertion. This state of affairs can continue until the marriage subsists, either by divorce or by the death of the partner with the property right. The Act was given the Royal Assent
on 27 July 1967, and repealed by the Matrimonial Homes Act 1983 and the County Courts Act 1984
.
Acts of Parliament in the United Kingdom
An Act of Parliament in the United Kingdom is a type of legislation called primary legislation. These Acts are passed by the Parliament of the United Kingdom at Westminster, or by the Scottish Parliament at Edinburgh....
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
designed to reverse the House of Lords
Judicial functions of the House of Lords
The House of Lords, in addition to having a legislative function, historically also had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachment cases, and as a court of last resort within the United Kingdom. In the latter case the House's...
decision in National Provincial Bank Ltd v Ainsworth [1965] AC 1175, where it ruled that a deserted wife had no right to stay in the family home.
Background and Act
Under Lord Denning's decision in Bendall v McWhirter [1952] 2 QB 466, a deserted wife occupying the marital home had a personal licence to stay there. The decision provoked disapproval among the judiciary and from the public; a correspondent wrote:Dear Sir: You are a disgrace to all mankind to let these women break up homes and expect us chaps to keep them while they rob us of what we have worked for and put us out on the street. I only hope you have the same trouble as us. So do us all a favour and take a Rolls and run off Beachy HeadBeachy HeadBeachy Head is a chalk headland on the south coast of England, close to the town of Eastbourne in the county of East Sussex, immediately east of the Seven Sisters. The cliff there is the highest chalk sea cliff in Britain, rising to 162 m above sea level. The peak allows views of the south...
and don't come back.
The House of Lords effectively nullified Denning's work with the case National Provincial Bank Ltd v Ainsworth [1965] AC 1175 in 1965, which ruled that the deserted wife had no license to stay. The Act was primarily aimed at reversing this decision, and to this end it states that where one person has the right to occupy a property and his spouse does not, the spouse can occupy the property if it has been used as the marital home. The spouse can only be evicted with a court order, and the court can grant her the right to occupy the house if she is not in occupation at the time of the desertion. This state of affairs can continue until the marriage subsists, either by divorce or by the death of the partner with the property right. The Act was given the Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 27 July 1967, and repealed by the Matrimonial Homes Act 1983 and the County Courts Act 1984
County Courts Act 1984
The County Courts Act 1984 is an Act of the Parliament of the United Kingdom; the long title of the Act is "An Act to consolidate certain enactments relating to county courts". The Act replaced the County Courts Act 1959....
.