Is exclusive occupancy of the matrimonial home a re-apportionment?

British Columbia, Canada


The following excerpt is from Brand v. Brand, 2008 BCSC 1541 (CanLII):

Counsel for the plaintiff argues that the defendant’s exclusive occupancy of the matrimonial home since separation is in itself a re-apportionment, Barker v. Barker, 2002 BCCA 345; but given the findings just made and the allowance I have made for occupational rent, the effect of exclusive occupancy is moot at this point.

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