Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

Restriction on disposal of household chattels.

34.— (1) The court may, on the application of a civil partner, by order prohibit, on the terms it may see fit, the other civil partner from disposing of or removing household chattels, if the court is of the opinion that there are reasonable grounds to believe that the other civil partner intends to do so and that it would make it difficult for the applicant to reside in the shared home without undue hardship if the household chattels were disposed of or removed.

(2) Where proceedings for the dissolution of a civil partnership have been instituted by a civil partner, neither civil partner shall sell, lease, pledge, charge or otherwise dispose of or remove any of the household chattels in the shared home until the proceedings have been finally determined, unless—

(a) the other civil partner has consented to the disposition or removal, or

(b) the court before which the proceedings have been instituted, on application by the civil partner who desires to make the disposition or removal, permits the civil partner to do so, with or without conditions.

(3) Without prejudice to any other civil or criminal liability, a civil partner who contravenes subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding €127 or to imprisonment for a term not exceeding 6 months or to both.

(4) The court may order, on the application of a civil partner, that the other civil partner provide household chattels or a sum of money to the applicant, so as to place the applicant as nearly as possible in the position that prevailed before—

(a) the other civil partner contravened an order under subsection (1) or (2), or

(b) the other civil partner sold, leased, pledged, charged or otherwise disposed of or removed the number or proportion of the household chattels in the shared home that made or is likely to make it difficult for the applicant to reside in the shared home without undue hardship.

(5) In proceedings under this section, the court may make an order that appears to it to be proper in the circumstances, directed to a third person who has been informed in writing by a civil partner before the proceedings were taken, with respect to a proposed disposition to the third person by the other civil partner.

(6) For the purposes of this section, “ household chattels ” means personal property ordinarily used in a household and includes garden effects and domestic animals, but does not include money or any chattels used by either civil partner for business or professional purposes.