Sch 2 para 2
(1) This paragraph applies if one spouse or civil partner is entitled, either in his own right or jointly with the other spouse or civil partner , to occupy a dwelling-house by virtue of a protected tenancy, a statutory tenancy or a secure tenancy. (2) The court may make a Part II order— (a) on granting a decree of divorce, a decree of nullity of marriage or a decree of judicial separation or at any time thereafter (whether, in the case of a decree of divorce or nullity of marriage, before or after the decree is made absolute), or (b) at any time when it has power to make a property adjustment order under Part 2 of Schedule 15 to the Civil Partnership Act 2004 with respect to the civil partnership. (3) On the application of the other spouse or civil partner within three months after an occupation order is made, the court may make a Part II order.