TWO PROGRAMS: Claiming and Defending Occupation Rent After Separation AND Family Law Case Update: Parenting, Relocation, Support and Property Division

Claiming and Defending Occupation Rent After Separation 

In this presentation, Vayia Ellsworth examines occupation rent as a discretionary remedy when one spouse remains in a matrimonial or jointly owned home after separation. They explain its statutory and common law foundations and the shift from an “exceptional” to a reasonableness standard in Non-Chhom v. Green. Drawing on the Griffiths and Higgins factors and cases where occupation rent was granted or refused, the presentation considers support payments, access to equity, carrying costs, delay and the parties’ conduct. Practical guidance covers calculating a claim, proving fair market rent, pleading occupation rent promptly, and assembling evidence to advance or defend a claim.

Claiming and Defending Occupation Rent After Separation 

In this presentation, Vayia Ellsworth examines occupation rent as a discretionary remedy when one spouse remains in a matrimonial or jointly owned home after separation. They explain its statutory and common law foundations and the shift from an “exceptional” to a reasonableness standard in Non-Chhom v. Green. Drawing on the Griffiths and Higgins factors and cases where occupation rent was granted or refused, the presentation considers support payments, access to equity, carrying costs, delay and the parties’ conduct. Practical guidance covers calculating a claim, proving fair market rent, pleading occupation rent promptly, and assembling evidence to advance or defend a claim.