Husband and wife are separated with one living in the jointly held property and the other renting elsewhere. who pays what?

Asked about 9 years ago in Kamloops, British Columbia
Categories: Family Law

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Robert J. Klassen

Answer by Robert J. Klassen

VerifiedBritish Columbia lawyer

The best way to handle this type of situation is to have an Agreement in place, even on a temporary basis which will allow the carrying costs of the residence to be worked out.  Normally, if there is a mortgage registered against the property, the parties are jointly liable but the person who is not living there can claim occupation rent for that person's share of the property being used by the person in occupation and would also argue that there is rent that is being paid as well. 

Posted about 9 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Robert J. Klassen, or search the Lawyer Directory.

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