Civil Code (Cap. 16), article 55A

55A. (1) In pronouncing the judgement of separation, the court shall on the demand of either of the parties, order, according to circumstances: (a) that any one of the parties shall be entitled to reside in the matrimonial home, to the exclusion of the other party, for the period and under those conditions as it considers appropriate; or (b) that the matrimonial home is to be sold, where it is satisfied that the parties and their children shall have adequate alternative accommodation, and that the proceeds of the sale shall be assigned to the parties as it considers appropriate; or (c) where the matrimonial home belongs to both parties, to assign the matrimonial home to any one of the parties, which party shall compensate the other party for the financial loss suffered: Provided that, in every case, the court shall consider the following: (a) the best interest of the minor children, including the impact that there may be on the minor children if the court were to grant a demand made according to this article; (b) the welfare of the parties and of the children; and (c) whether the parties have, or, whether their means and abilities permit them to have, another place where to reside. (2) The court may, upon a demand of either party, vary a decision taken by it under sub-article (1)(a), where there is a substantial change in circumstances. (3) The provisions of article 3A(2) shall not apply in the case of spouses who are legally separated, unless the contrary is not agreed to between the spouses or is ordered by the court having jurisdiction to pronounce the personal separation; and such agreement or order shall only be effective in regard to third parties as from the date when the deed or order is registered in the Public Registry. Custody of the children after separation. Substituted by: XXI.1993.32. Amended by: XIV.2011.6.