Is a husband entitled to a post-separation return on equity that he had in the home at the date of the separation?
Alberta, Canada
The following excerpt is from Hotton v. Hotton, 2006 ABQB 10 (CanLII):
In addition to this, the husband claims to be entitled to a positive post‑separation return on the equity that he had in the home at the date of separation. This is a claim akin to occupation rent. For the reasons expressed in Kazmierczak v. Kazmierczak, [2001] ABQB 610 with which I agree, this claim is rejected, it is a claim for occupation rent.
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