Cap. 16 · Civil Code (Cap. 16)
Cap. 16 Art. 3AMatrimonialhome.
Sub-title 1
(1) The matrimonial home shall be established where the spouses may by their common accord determine in accordance with the need of both spouses and the overriding interest of the family itself.
(2) Where the matrimonial home is wholly or in part owned or otherwise held under any title by one of the spouses, such spouse may only alienate by title his or her right over the inter vivos matrimonial home:
(a) with the consent of the other spouse; or
(b) where such consent is unreasonably withheld, with the authority of the competent court; or
(c) in a judicial sale by auction at the instance of any creditor of such spouse.
(3) The party who has not given his or her consent to a transfer, may bring an action for the annulment of a transfer which has not been effected in accordance with sub-article (2) of this article, within one year from the registration of the transfer.
Amendment history
- Amended by IX.2004.14