In McManus v. McManus, 2019 BCSC 123 at para. 76, Justice Fleming identified and summarized the various factors that may be relevant to assessing a claim for occupational rent: • Aside from ouster, the circumstances under which the non-occupying spouse left the home, and if and when the non-occupying spouse moved for a sale of the home; • Whether children are residing with the occupying spouse; • Whether the occupying spouse has made a claim for contribution from the non-occupying spouse for the expenses related to the premises; • Whether support has been paid; • Whether the occupying spouse increased or decreased the value of the property; • The duration of the occupancy; and • Other competing claims in the litigation that may offset an award of occupation rent.
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