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Braglin v Braglin, 2002 ABQB 816


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.


When is occupation rent payable?


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.


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


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

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