The Ex-Files: Can I make a claim for occupational rent after separation?

Q: My ex-partner and I lived together for eight years. We were in the family home for that period. For the last four years, my ex-partner and our 10-year-old child have remained living in the family home, while I have been renting elsewhere.

My ex-partner and I have been arguing over post-separation contributions. My ex-partner has been covering expenses for the mortgage, rates and insurance. I think the former family home is in a trust, but I will need to check.

Can I make a claim for occupational rental for the whole period? And can she claim the outgoings she has paid since separation?

A: The family court has a discretion whether to award occupational rental or not. It is always an advantage to indicate at the start of dispute or separation whether you intend to make a claim for occupational rental.

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