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Occupation Rent

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15 Jul 12 #343243 by humdrum
Topic started by humdrum
Barrister for chidrens case advised applying for occupation rent. Am getting ready to fill in forms for Ancillary Relief. But how do you indicate that you wish to apply for Occupation Rent?

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16 Jul 12 #343351 by LittleMrMike
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I must admit, I have never been very sure about the occupation rent business.
If my wife and I own a property jointly, we both have a right to live there because that is one of the rights that goes with ownership.
Even if I own the family home outright, my wife still has the right to live there because she is my wife and I have a duty to support her.
Against that, I think that both spouses have a duty to share household expenses if they can afford to do it and if it is reasonable for them to do so.
When you talk about occupation rent , I think you mean that where you live in a house that belongs wholly or in part to your spouse, you pay the spouse for the privelege of living in a house that, to a greater or lesser extent, is not yours.
The only case of a genuine occupation rent that I know is section 40(2) of the Family Law Act 1996, but that is more than a little esoteric.
In practice your barrister could apply for maintenance pending suit or interim periodical payments and when considering that issue, a Court has to take into account the needs of the recipient and the ability of the prospective payer to contribute to them, so whether you call it m.p.s. or occupation rent, it''s still money.
LMM

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16 Jul 12 #343358 by humdrum
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stbx lives in former marital home with no housing costs (mortgage already paid off). I pay interest on a large mortgage, some of which I hope can be paid off when financial matters get resolved.

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