What are the factors used by the court to determine whether a spouse is entitled to occupation rent when they are no longer paying support?

Ontario, Canada


The following excerpt is from Korkola v. Korkola, 2009 CanLII 2487 (ON SC):

[100] A short review of the factors outlined in the Higgins v. Higgins[8] case is also helpful. In assessing the factors to be considered in assessing a claim for occupation rent, the court reviewed the following: 1. The conduct of the non-occupying spouse, including the failure to pay support; 2. the conduct of the occupying spouse, including the failure to pay support; 3. the delay in making the claim; 4. the extent to which the non-occupying spouse has been prevented from having access to his or her equity in the home; 5. whether the non-occupying spouse moved for the sale of the home and, if not, why not; 6. whether the occupying spouse paid the mortgage and other carrying costs of the home; 7. whether children resided with the occupying spouse and, if so, whether the non-occupying spouse paid, or was able to pay, child support; 8. whether the occupying spouse has increased the selling value of the property; 9. ouster is not required.

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