My husband I recently speparated. I remain in the family home with our 16 year old daughter. He is not paying any child support as he claims I need to pay him rent to live in our house. The house in Mortgage free and I am paying rates, insurance etc. The house is a very nice house and therefore rental would be very expensive. Am I liable to pay rent for our home after he walked out? We have been married 18 years and the house is definately matrimonial property.Thanks Fiona
Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
He is entitled to get what is called occupational rent for his half share. What you may need to do is work out what this is, and then see what you would get from child support through Inland Revenue and see if that is more. You would not need to pay him the rental, but when the property is sold there is usually an adjustment to take this into account.
LLB MMgt FAMINZ 32 years qualified as lawyer
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