Legal Question in Family Law in Canada
I married my soon to be exhusband in 1999. I had 3 children with my late husband who passed away in 1997. The second marriage became ugly for me and my kids. i put him out of the house in 2003. I have never received any child support payments from him. My lawyer surprised me last nite by stating I can only receive very little monies because my husband and his lawyer are claiming me as an occupational renter! My lawyer informed me this has always been the case here in Edmonton Alberta. My lawyer claims it is allowed over the dispute of property.
What is an occupational renter? What about dower rights?
1 Answer from Attorneys
As stated on the LawGuru website all questions submittted to a BC lawfirm must be answered with reference to BC. The law varies from Province to Province. In BC, there is no such thing as "Dower Rights". In BC, a co-owner of a house has the right to occupy it, and is never, except under certain vary exceptisonal circumstances, "an occupational renter" - in fact that term is not used in BC. What can occur in exceptional circumstances is that someone living in a home may be required to pay rent to the other, and this rent is called "occupational rent". It would be very surprising is you were required to pay "occupational rent" as most of the time the parent with children is permitted to remain in the home with the children (expecially if they are young) until the youngest is 19, and the other parent is stil required to pay child support and often spousal support. Please seek advice from another lawyer in your home city.
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