I have seen posts from some years back that suggest that it is difficult to get an award of occupation rent. But wondered why and whether that is still true.
I left the FMH with the kids, my stbx refused to move and effectively drove me out. stbx remains there with no housing costs as we paid off the mortgage some time ago (we own jointly). I am paying rent and it is crippling.
Is there any chance of getting occupation rent at Ancillary Relief hearing? What would I have to do?
No, not a cat''s chance in hell. The whole point of an Ancillary Relief hearing is to simplify and sever your joint finances, not to make more complicated connections.
You could however, apply for spousal maintenance, or maintenance pending suit. This would work out much the same for you (he gives you money each month), and it would be more difficult for him to vary. It''s a much more standard and simple way of handling things. If he were paying "rent" then what would happen if he wanted to move, sell the house, move a new GF in, remarry, had more kids, wanted to move abroad, lost his job, etc etc. There are so many situations where paying "rent" would turn into a nightmare. SM is much more simple: he pays it until a court says he can stop.
Cookie, couldn''t humdrum ask for occupational rent while the Ancillary Relief process is going on? He presumably can''t sell the house etc. until the finances are settled anyway if she is joint owner.
Maintenance pending suit would be a much better way of achieving the same result (money going from him to her).
If she tried to get rent I expect her husband would say, "Oh but I never kicked her out, she left by her own choice. I have never excluded her from the house. She is more than welcome to move back".
A claim for maintenance pending suit would not be so easy to dodge.
Nearly a year a half ago. Haven''t started Ancillary Relief yet, but I understand it could take quite a long time yet.
Trouble with maintenance pending suit is that I earn a bit more than x.
the beauty of occpation rent is that it provides an incentive for the other party to participate in getting things sorted out. At the moment the longer things take the better for x who is living unrealistically cheaply.