Is a joint owner of the matrimonial home entitled to set off occupation rent from the amount owing?

The real issue is whether the applicant is entitled to set off occupation rent from the amounts owing. In Irrsack v. Irrsack, supra, Lerner J. stated: The husband has had exclusive possession and use of the matrimonial home since July 28, 1976. Since I find that the wife is an equal joint owner thereof it follows that she is entitled to be compensated for the sole use and occupation by the husband which includes half-interest. The equitable approach is to allow her one-half of the rent, to this date, that these premises would attract less one-half of the taxes and insurance for the same period.