Occupation Rent: Factors and Considerations
Introduction
Occupation rent is a complex legal issue that often arises in instances such as divorce, where one party continues to occupy a jointly owned property. It's not automatically granted but is seen as a tool to achieve justice, being awarded when reasonable and equitable. Various factors are taken into account when assessing claims for occupation rent, as well as other adjustments or credits when calculating the award.
Factors to Consider in Occupation Rent Claims
When assessing claims for occupation rent, the conduct of both the non-occupying and occupying spouse is considered. This includes any failure to pay support. The delay in making the claim can also affect the outcome. Other factors include the extent to which the non-occupying spouse has been prevented from accessing their equity in the home, and whether they moved for the sale of the home - if not, the reasons for this decision are considered.
The Role of the Occupying Spouse in Occupation Rent
The occupying spouse's conduct is crucial in determining occupation rent. Whether they have been paying the mortgage and other carrying charges of the home is considered. If children are residing with the occupying spouse, whether the non-occupying spouse has paid or was able to pay child support is also considered. Furthermore, the impact of the occupying spouse on the property's selling value is taken into account.
Occupation Rent and Property Value
On the matter of property value, occupation rent isn't just about occupancy; it also considers the impact of the occupying spouse on the property's worth. If the occupying spouse has increased the selling value of the property, it's a relevant factor in the assessment of occupation rent. It's notable that ouster, or the act of excluding a party from the property, is not required, contrary to what some early decisions suggested.
Conclusion
Understanding occupation rent requires considering a range of factors from both the occupying and non-occupying party's conduct to how the property's value has been affected. It's not a simple matter of who lives in the property, but a complex assessment of fairness and equity. While the subject can be complex, understanding the basics of occupation rent can help individuals navigate this challenging area of law.
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