Civil Code (Cap. 16)

Civil Code (Cap. 16), article 3A

Official PDF on legislation.mt

3A. (1) The matrimonial home shall be established where the spouses may by their common acco rd determine in accordance with the need of both spouses and th e overriding interest of the fam ily itself. (2) Where the matrimonial home is wholly or in part owned or otherwise held under any title by one of the spouses, such s pouse may only alienate by title inter vivos his or her right over the matrimonial home: (a) with the consent of the other spouse; or (b) where such consent is unreasonably withheld, with the authority of the competent court; or (c) in a judicial sale by auction at the instance of any creditor of such spouse. (3) The party who has not given his or her consent to a transfer , may bring an action for the annulment of a transfer which has n ot been effected in accordance with sub-article (2) of this articl e, within one year from the registration of the transfer. Duty of spouse towards children. Added by: XXI.1993.3. Amended by: XIV .2011.2.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.