Occupational rent & appraisal

[iismail]

Hi all,

Due to the restraining order (no contact with Ex)
I was voluntary keep paying the mortgage, utilities, property tax & insurance payment for 18 months, which was pretty much equal to child support table while my ex was occupying the matrimonial home.

After 14 months the police charges were dismissed (trial).

Since we both co-own the matrimonial home, ex's lawyer is claiming child support arrears & section 7 expenses arrears and she gave me credit for the mortgage, utilities and half of the Property tax & insurance.


Questions:
1. Can I claim for occupational rent?

2. Currently the matrimonial home is in bad shape, she did not take care of the house lately, basically dirty carpet, paint and broken kitchen cabinet & doors. She told me that she won't fix single thing until the appraisal is done hopping to get lower appraisal.
Is there anything I can do about it? Can I claim property damage?

3. What are the chance of winning legal cost ($13,000) regarding the police charges since both charges were dismissed?

Thanks,

 

[Tayken]

Hi,

Occupational rent is an often discussed but, rarely enforced thing. Should the other party be found to be acting in "bad faith" or received soul possession of the matrimonial home based on affidavit evidence found to be false you will be awarded occupational rent.

Your argument should highlight that the criminal charges which possibly awarded the other party soul possession were made in "bad faith" and as a result you are seeking occupational rent due to the fact you were removed from your home for no reason.

Good Luck!
Tayken

PS: Occupational rent claims are hard to do self represented. Solicitor is your best bet to be successful.