I conclude that where the property in question is a matrimonial home, a claim for occupation rent by one spousal co-tenant against the other will be granted only in the exceptional case. I agree with the view expressed by Hill J. In McColl v. McColl (supra) at p. 457: A number of factors must be considered including when the claim was first raised, the duration of the occupancy, the inability of the non-resident spouse to access her/his equity in the property, and the other compelling claims for adjustment or compensation in the litigation. (emphasis is mine)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.