Is a spouse entitled to an occupation rent from the other spouse who remains in the residence after separation?
British Columbia, Canada
The following excerpt is from Oleksiewicz v. Oleksiewicz, 2017 BCSC 228 (CanLII):
The other expenses claimed by the respondent include taxes, maintenance costs, operating costs and upkeep. In Bilawchuk v. Bilawchuk, 2014 BCSC 2067, Fenlon J. (as she then was) adopted Betton J.’s approach and concluded that the costs of operating a home including paying property taxes, but not mortgage costs, paid by the spouse who remains in the residence post-separation should not be shared by the other spouse. She concluded that those expenses represent a type of set-off akin to occupation rent.
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