What are the relevant factors for determining an award in the context of matrimonial home matter?
Ontario, Canada
The following excerpt is from Al-Fatlawi v. Al-Bajawi, 2019 ONSC 7210 (CanLII):
The relevant factors as to an award are set out in Higgins v. Higgins. These factors include: (a) The conduct of the non-occupying spouse including the failure to pay support; (b) The conduct of the occupying spouse including the failure to pay support; (c) Delay in making the claim; (d) The extent to which the non-occupying spouse was prevented from having access to his or her equity in the home; (e) Whether or not the non-occupying spouse moved for the sale of the home and, if not, why not; (f) Whether the occupying spouse paid the mortgage and other carrying charges of the Matrimonial Home; (g) Whether the children resided with the occupying spouse and, if so, whether the non-occupying spouse paid, or was able to pay, child support; and (h) Whether the occupying spouse increased the selling value of the property.
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