Section 337(2)

Whether or not the bankrupt’s spouse or civil partner (if any) has home rightsunder Part IV of the Family Law Act 1996— the bankrupt has the followng rights as against the trustee of his estate— if in occupation, a right not to be evicted or excluded from the dwelling house or any part of it, except with the leave of the court, if not in occupation, a right with the leave of the court to enter into and occupy the dwelling house, and the bankrupt’s rights are a charge, having the like priority as an equitable interest created immediately before the commencement of the bankruptcy, on so much of his estate or interest in the dwelling house as vests in the trustee.

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Source: legislation.gov.uk · retrieved 2026-09-04