How do courts determine whether to award occupation rent on a matrimonial home?

In Casey v. Casey, the Saskatchewan Court of Appeal reviewed the principles on the issue of occupation rent. The following are some of the factors that are relevant to the determination of an award of occupation rent on a matrimonial home in a family law case:

1. Generally, the conduct of both spouses, inclusive of a party failing to pay support, the circumstances under which the non-occupying spouse left the home, as well as if and when the non-occupying spouse moved for a sale of the matrimonial home.
2. While the conduct of parties is one factor to be taken into account, a spouse leaving the matrimonial home in a family law case unilaterally is not a bar to awarding occupation rent.
3. Where the children are residing and who is supporting the children.
4. If a demand for occupation rent was made in the family law case. If so, consideration is made as to when such a demand was made.
5. Any financial difficulties that the non-occupying spouse has encountered caused by being deprived of the equality of the home.
6. Who is paying for the expenses associated with the matrimonial home in the family law case (i.e. mortgage payments, property taxes, insurance).
7. Has the occupying spouse increased or decreased the selling value of the matrimonial home?
8. Other competing claims in the matter that may serve to offset an award of occupation rent.

If there is no mortgage on the home, then occupation rent may be granted in order to equalize the parties' accommodation expenditure post-separation (Sarvajc v. Turner (1996) 140 Sask. R. 101 (Sask. Q.B.)). The Saskatchewan Court of Appeal remarked that despite the fact that there are few decisions from the Court of Appeal on this issue, there are decisions stemming from the Queen's Bench that acknowledge that occupation rent may, at times, be appropriate.

To learn more about occupation rent in the context of a family law case, contact Krol & Krol at 905.707.3370 for a consultation today.