When you and your partner are separating, and there is jointly-owned property, you could be entitled to claim occupational rent. If a property is owned in joint names, and following separation one party stays in the home, excluding the other party from residing there, a claim can potentially be made to be compensated.

Occupational rent is a claim that can be made by the party that has been excluded from residing in the property, as they have lost the benefit of remaining in the home. The amount of compensation is calculated by considering the market value for rent for a similar property in the area, and awarding the excluded party their share (e.g. 50%).

When the court consider a claim for occupational rent, a number of factors are considered including whether the remaining party in the home is paying for the mortgage, any home improvements to the property and also whether there are any children who are living in the home.

It is important that you obtain legal advice around all issues around separation including occupational rent, so this may be considered as part of the financial negotiations. If you would like some further advice and assistance, please do not hesitate to contact a member of the Family Department.