What is the effect of a husband’s exclusive use and enjoyment of the former family home after the parties separated?

I was skeptical of counsel’s argument during the hearing. However, it appears that there is some authority which supports that argument. See Wheeler Clarke v. Wheeler 2009 BCSC 1421, at paras. 83 and 87. In that case, Madam Justice Bruce decided that the husband’s exclusive use and enjoyment of the former family home after the parties separated was relevant to the issue of unfairness. In that case, the husband had made all of the mortgage payments for more than four years after the separation, while he lived in the house. But he lived in one part of the house and rented out the other part. He received a substantial rental income as a result, which covered most (but not all) of the monthly mortgage payment. In those circumstances, Bruce J. held, in effect, that the husband’s payment of the wife’s share of the mortgage debt after separation was effectively neutralized by his having the exclusive use and enjoyment of the property while also receiving full benefit of the rent he received.