Is the application for registration a dealing within the meaning of the Matrimonial Homes (Family Protection) (Scotland) Act 1981 etc?
It is not appropriate to state on the application form that this question or part thereof is “Not Applicable”. The term “dealing” is not defined exhaustively in either Act. However, the Keeper is only required to consider entering a statement in relation to the occupancy rights of spouses or civil partners of former proprietors. Therefore, he is concerned with voluntary transfers of title, by disposition or otherwise, but NOT with dealings which are standard securities. The Keeper considers that “dealing” in the context of this question does not include a disposition or conveyance which is not a voluntary act of the entitled spouse (including a schedule conveyance or disposition by a trustee in bankruptcy but not including a disposition by a creditor in exercise of a power of sale) or where a property is owned in common and the disposition or conveyance granted by those proprietors. The question may be answered NO in such circumstances, but if the property is clearly residential in nat
