What is the test for unequal division of the matrimonial home and occupational rent?
Nova Scotia, Canada
The following excerpt is from Goodwin v. Goodwin, 2009 NSSC 109 (CanLII):
In MacLean v. MacLean, 2005 NSSC 284, Justice Hall ordered an unequal division of the matrimonial home and occupational rent. The unequal division was in favour of the husband and the occupational rent was payable to the wife. In that case, the husband had contributed a large sum to the construction of the home. The funds came from pre marriage assets. He had also remained in exclusive occupation of the home for three and one half years.
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