Is occupational rent valid in a family law case?
British Columbia, Canada
The following excerpt is from L.W. v F.W, 2018 BCSC 1924 (CanLII):
Occupational rent was described by Mr. Justice Rogers in Hack v. Hack, 2013 BCSC 2134 at para. 39 as having “an uneasy relationship with family law.” In non-family law cases, occupational rent is claimed by a co-owner who has been ousted from the property on the basis that a co-owner has the right to equal entitlement to use of the property. Ouster is no longer required as perquisite to advance a claim. In family law cases, Rogers J. said:
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