An occupation fee charged against a co-owner who remains in sole occupation of jointly owned property after the breakdown of a domestic relationship can only be offset against that co-owner's claims for contribution to joint debts (mortgage, rates, taxes, insurance) and cannot be deducted from the co-owner's capital share in the proceeds of sale. The occupation fee should be valued at the full market rent without discount, proportionate to the absent co-owner's interest. Contributions to a joint bank account maintained by domestic partners for living expenses settle all questions of contribution between the parties as to their respective shares of joint liabilities paid from that account.
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