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Braglin v Braglin, 2002 ABQB 816

Facts:

Couple is divorcing. Husband stays in house. Wife is asking for occupation rent. But, husband paid all the marital debts and for the house upkeep.

Issue(s):

When is occupation rent payable?

Ratio:

A determination of whether occupation rent is payable is context-specific and discretionary. In this case, no occupation rent required. This is a discretionary remedy: therefore occupation rent may apply in other situations.

Analysis:

One is not prevented from claiming occupation rent if she didn’t contribute financially.

Holding:

Matrimonial house to be sold and proceeds distributed between the parties.


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