In what circumstances will a court order occupational rent on behalf of a non-occupying spouse who is unable to access equity in the family home?
British Columbia, Canada
The following excerpt is from D.M.T. v S.A.I, 2019 BCSC 1867 (CanLII):
In Hack v. Hack, 2013 BCSC 2134, while there was no evidence that the non‑occupying spouse experienced significant hardship by not having access to the equity in the family home, the court made an order for occupational rent on the basis that the occupying spouse’s dedication to the task of listing and selling the home “varied” and his cooperation with the sale effort was lacking.
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