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Family Homes and Domestic Violence (Northern Ireland) Order 1998

Family Homes and Domestic Violence (Northern Ireland) Order 1998 s 9

s 9 Cancellation of registration after termination of marriage or civil partnership , etc.

(1) Subject to paragraph (2), registration of a matrimonial or civil partnership charge may be cancelled where— (a) either spouse or civil partner is dead, (b) the marriage or civil partnership in question has been annulled or terminated otherwise than by death, or (c) the spouse's or civil partner's home rights have been terminated by an order of the court. (2) Where— (a) the marriage or civil partnership in question has been terminated by the death of the spouse or civil partner entitled to an estate in the dwelling-house or otherwise than by death, and (b) an order affecting the matrimonial or civil partnership charge of the spouse or civil partner not so entitled had been made by virtue of Article 11(5), then if, after the making of the order, registration of the matrimonial or civil partnership charge was renewed or the charge registered in pursuance of paragraph (3), the registration shall not be cancelled in accordance with paragraph (1) unless the order has ceased to have effect. (3) Where such an order has been made, then, for the purposes of paragraph (2), the spouse or civil partner entitled to the matrimonial or civil partnership charge affected by the order may— (a) if before the date of the order the charge was registered, renew the registration, and (b) if before the said date the charge was not so registered, register the charge. (4) The renewal in pursuance of paragraph (3) of the registration of a matrimonial or civil partnership charge shall not affect the priority of that charge during the subsistence of the marriage or civil partnership in question; but failure to renew such registration shall render the charge void against a purchaser in so far as it extends beyond the termination, by death or otherwise, of the marriage or civil partnership .

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