It is not unusual for one spouse to move out during a separation, leaving the other spouse in the home. The one staying in the home might even live there for several years until the property issues are settled.
But how are the proceeds divided if the house went up in value over the years or if the occupying spouse paid down the mortgage? Is it fair the non-resident partner has to pay rent, while the spouse in the house enjoys free accommodation and ties up the other's equity?
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