Sch 2 para 4
(1) The court shall not make a Part II order unless the dwelling-house is or was— (a) in the case of spouses, a matrimonial home; . . . (aa) in the case of civil partners, a civil partnership home; or (b) in the case of cohabitees, a home in which they cohabited . (2) Where while an occupation order is in force an application is made for a Part II order, the court may make the order applied for notwithstanding that, at the time when it does so, the occupation order has ceased to have effect otherwise than by reason of its revocation; and where a Part II order is made it shall not be affected by an occupation order subsequently ceasing to have effect.