What is the test for splitting maintenance and utility costs between the parties?
Saskatchewan, Canada
The following excerpt is from Weigel c Weigel, 2012 SKQB 188 (CanLII):
The respondent points to the case of Kelln v. Walker, 2002 SKQB 360, 33 R.F.L. (5th) 91, for the proposition that utility payments and maintenance costs should be split equally between the parties. That case has no application to the factual circumstance faced here. In that case neither party resided in the premises, it was effectively abandoned. The party receiving the credit for maintenance and utility costs was awarded them on the basis that such were needed to maintain the value of the property and were in fact a joint responsibility of both until the house was disposed of.
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