Tuesday, September 24, 2019
Land law Essay Example | Topics and Well Written Essays - 1500 words - 11
Land law - Essay Example Further, under section 59(1) of the Matrimonial Homes (Family Protection) (Scotland) Act (1981)2, a non-entitled spouse who is legally married to the entitled-spouse has two rights as related to the property of the entitled spouse, namely (a) the right to continue to occupy the matrimonial home and (b), the right to enter and occupy the matrimonial home, if not in occupation. In this case, Marryam is not in occupation of the home, since she has been out of the home in a rehabilitation clinic recovering from depression. Therefore, Marryam can only have an enforceable right as provided in the Matrimonial Homes (Family Protection) Act (1981), if she is legally married to David. This is because, despite the fact that the two spouses contributed to the purchase of the Smithy House property, Marryam was not registered in the title deed as one of the owners, owing to the fact that she was handling the issue of divorce with her previous husband, and thus did not want to complicate the issue. Therefore, the fact that Marryam is not registered in the property title deed as one of the owners of the property means that she can gain a better and enforceable title to claim the property, if she is a legally married spouse to David3. The principle of property ownership is well provided for under section 52(1) Law of Property Act (1925)4, which provided that a conveyance into a better title for all claimants to a property will result from the registration of joint names in the property deed. Thus, according to the provisions of this law, for as long as the property title does not bear the joint names of the property owners, then the property owner whose name solely appears in the property deed has the right to (i) force the other party to live the property without a court order, (ii) rent out or sell the property without getting the consent of the other party and (iii) take out a loan against the property without consulting or seeking the consent of the other party5.