World Library  
Flag as Inappropriate
Email this Article

Matrimonial Homes Act 1967

Article Id: WHEBN0024858911
Reproduction Date:

Title: Matrimonial Homes Act 1967  
Author: World Heritage Encyclopedia
Language: English
Subject: List of Acts of the Parliament of the United Kingdom, 1960–79
Publisher: World Heritage Encyclopedia

Matrimonial Homes Act 1967

Matrimonial Homes Act 1967
Chapter C.75
Repeal date 1965
Other legislation
Repealing legislation Matrimonial Homes Act 1983
County Courts Act 1984
Status: Repealed

The Matrimonial Homes Act 1967 (C.75) was an Act of the Parliament of the United Kingdom designed to reverse the House of Lords decision in National Provincial Bank Ltd v Ainsworth [1965] AC 1175, where it ruled that a deserted wife had no right to stay in the family home.

Background and Act

Under Lord Denning's decision in Bendall v McWhirter [1952] 2 QB 466, a deserted wife occupying the marital home had a personal licence to stay there.[1] The decision provoked disapproval among the judiciary and from the public; a correspondent wrote:
Dear Sir: You are a disgrace to all mankind to let these women break up homes and expect us chaps to keep them while they rob us of what we have worked for and put us out on the street. I only hope you have the same trouble as us. So do us all a favour and take a Rolls and run off Beachy Head and don't come back.[2]

The House of Lords effectively nullified Denning's work with the case National Provincial Bank Ltd v Ainsworth [1965] AC 1175 in 1965, which ruled that the deserted wife had no license to stay.[3] The Act was primarily aimed at reversing this decision, and to this end it states that where one person has the right to occupy a property and his spouse does not, the spouse can occupy the property if it has been used as the marital home. The spouse can only be evicted with a court order, and the court can grant her the right to occupy the house if she is not in occupation at the time of the desertion.[4] This state of affairs can continue until the marriage subsists, either by divorce or by the death of the partner with the property right.[5] The Act was given the Royal Assent on 27 July 1967,[6] and repealed by the Matrimonial Homes Act 1983 and the County Courts Act 1984.[7]



This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.

Copyright © World Library Foundation. All rights reserved. eBooks from World eBook Library are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.