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The Ex-Files: Can I make a claim for occupational rent post-separation?


Published on 2024-11-30 22:00:42 - Bill Williamson, WOPRAI
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  • Q: My ex-partner and I lived together for eight years. We were in the family home for that period. For the last four years, my ex-partner and our 10-year-old child have remained living in the family home,

The article from the New Zealand Herald discusses the complexities of claiming occupational rent post-separation. It explains that when a couple separates and one partner remains in the family home while the other moves out, the issue of occupational rent can arise. This rent is essentially compensation for the exclusive use of the property by one party. The article outlines that while there's no automatic right to claim occupational rent, it can be negotiated or ordered by the court under certain conditions. Factors considered include contributions to the mortgage, maintenance of the property, and whether the person staying in the home has alternative accommodation. The piece also touches on the emotional and financial implications of such claims, noting that courts often look at fairness, the needs of any children involved, and the financial situation of both parties. Legal advice is recommended due to the nuanced nature of these claims, which can significantly impact property settlement negotiations.

Read the Full The New Zealand Herald Article at:
[ https://www.nzherald.co.nz/business/personal-finance/investment/the-ex-files-can-i-make-a-claim-for-occupational-rent-post-separation/DFKRQBY4IFE5PHCWTFSUHYREDQ/ ]
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