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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 04-29-2008, 04:30 PM
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Default Occupational rent?

I have a partner who I live with after the matrimonial home was sold and I moved into my own place. When I lived in the matrimonial home(site of business jointly owned by ex and I) for 18 months before it was sold, my boyfriend stayed occasionally at my place, some weeks almost every night, others not. He had his own home and saw his own kids for his access at his home at least every other weekend during this time.

Well, to make a long story short, my ex is coming after my boyfriend(partner) for "occupational rent" for a time period that ended 18 months ago. I do not have a lawyer, so I have no idea if he is just bitter by bringing a claim against him or not or if sometimes staying at someone's house is considered "occupational rent". It seems like he is grasping at straws, he owes my partner money(for a business debt that he is seeking paid) and he is seeking to offset the amount.

I want to write a letter back to my ex's lawyer stating he is wrong but I don't know what law to rely on or how exactly to word it.

By googling, I have come across this in divorces when one spouse occupies the matrimonial home. He has not sought this from me as of yet.

Any ideas what to do?
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Old 04-29-2008, 05:24 PM
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independentgal,

Did you boyfriend not have his own residence during this time and was more or less your house guest? I do believe you are entitled to have a friends stay at your residence from time to time.

For the other side to claim " an occupational rent" I do think before a third party would be liable they would have to engage in some sort of contract that states such terms. Moreover, would you not be entitled to half of the occupational rent?

I would call their bluff. They would have the onus to prove their cause.

lv
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Old 04-29-2008, 06:08 PM
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Thanks LV for the quick response!

My boyfriend owned his own house at the time I lived in the matrimonial home and that is proveable if need be. I don't think my ex knows the address of my partners house, but he is friends(now!) with my partner's ex who also co-owned the house he lived in so my ex should know the truth from her.

I think he will call their bluff. The only thing is I thought I had to respond to the content of the ex's lawyer's letters. Although, on second thought, they never respond to my requests so it shouldn't matter.

In any event, when I go to questioning in 5 weeks I am sure they will ask me that and a whole lot more!
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Old 04-30-2008, 06:07 AM
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I agree with LV.
The onus is on the ex to prove that this person was no more than a guest in the home. And as part owner, you would be entitled to 50% of same.

Here is an excellent site that clearly explains "occupational rent" and why it was established, and your situation could not be farther from the intended purpose.

http://www.internationalpropertysolu...ional-Rent.asp
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Old 01-18-2012, 09:46 PM
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Some info, why do all these lawyers throw this Occupational rent crap in, I have been reviewing cases and cases and there was only one I came across that was awarded and it appeared to be more of having extra roommates to help pay costs. Just some thoughts on this.........
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Old 01-19-2012, 06:29 AM
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Quote:
Originally Posted by financial woos View Post
Some info, why do all these lawyers throw this Occupational rent crap in, I have been reviewing cases and cases and there was only one I came across that was awarded and it appeared to be more of having extra roommates to help pay costs. Just some thoughts on this.........
its not crap, if i am paying 50% of the mortgage and property taxes and not living at the place then the person who is living there has to pay for rent. As for getting roommates to help pay the costs, well the person would be making money (even if it is just to make ends meet) on property i co-own so i would want a share of that also.

I have signed leases for places that I have rented that state who is renting the place and that I was the only one allowed to live there. If I wanted a roommate i had to clear it with the landlord and then he would up my rent.
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Old 01-19-2012, 09:57 AM
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Sorry Im really new at this, I spend most of my free time searching for decisions that are realistic and supportive to cases I can relate to. Im not saying you don't deserve, what i'm giving is just some info on cases that I have come across and I am in the same boat, there is a trend in the cases where the lawyers taunt occupational rent but in the end the cases that i've come across show very little success of being paid, slim to non. If you know of cases where it was paid please let me know, Hope yours and mine get the one that actually grants this in the end.
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Old 01-19-2012, 11:21 AM
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Occupational rent is often also granted in cases where the occupant of the house is dragging out the settlement for no apparent reason. If the occupant is refusing to settle and sitting on a large part of the assets (equity in the home) to be equalized that the other person is entitled to, then occupational rent can be added to the equalization payment in favour of the other spouse since that person is being denied access to their own assets - whether it be the home itself or the equity in the home.
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Old 01-19-2012, 07:34 PM
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I received occupational rent from the judge when my X and I went to court. Not only was I paying the mortgage, taxes, and house insurance for 7 months I was also paying room and board at my best friends during the time I was out of the house until it sold. I even had the mortgage payments taken out of my new account because I knew he wouldn't pay it and I didn't want to loose the house before it was sold. X said if I claim occupational rent he would go back to December for SS instead of October...I told him to go for it. Fortunately for me it backfired on him and I got occupational rent.
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Old 01-19-2012, 08:48 PM
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I got occupational rent for the house as well because while my ex was staying there 50% of the time, I was paying 100% of the mortgage and bills....it reduced the equalization payment I owed him AND made him move out pretty dam quick when the papers were signed knowing that he owed me x dollars for each month he was there. The reason - he was dragging his heels, refusing to settle and living the high life on my dime. Can't see how occupational rent would be applicable in your case - call the bluff!
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