Occupational Rent - am I entitled to claim from ex partner still living in our house

[KRIS17]

Hi there,

Myself & my ex-partner separated earlier this year. We House went up for sale in January, but didn't sell for quite some time (approx July). I moved out in March due to the relationship breaking down and needing to escape the toxic environment.

Ex-partner continued to live there, until now, has not made any effort to leave and in honesty I feel most likely delayed the sale. I do not have an excess of my own personal funds and the delay in receiving money from the house has caused me to delay moving forward, I moved into a rented property as I could not afford to buy. Thankfully the property has sold and all being well should complete by the end of the year.

Can I claim occupational rent for my half of the mortgage for the time that they have been living there? How do I go about that? From what I have found online, the amount in occupational rent that I would be owed far exceeds the amount they could argue I owe towards the mortgage payments.

For context, my ex is now saying I should not receive an equal share of the profit at the end as I have not contributed in full towards the mortgage (50% of mortgage per month). I have our child living with me for 80% of the time (despite me suggesting many alternatives as I believed that wasn't split in the best interests of our child), my rental payments alone are more than the mortgage payments, and I have been unable to work as much due to the childcare arrangements, which is not financially sustainable, while they earn 2 or 3x more than I do.

Thanks in advance,
K

[dslippy]

Concentrate on getting the property sold.

Occupation rents can indeed be chrged, but can depend on the circumstances of your leaving.

[KRIS17]

Concentrate on getting the property sold.

Occupation rents can indeed be chrged, but can depend on the circumstances of your leaving.

I understand your point about the house sale, but as he is saying I should get less of the profit I'd appreciate to even know where I stand with it, he is very good at twisting / confusing matters, so if I know my rights it would definitely help.

I was under the impression that if a partner needs to leave due to the breakdown of the relationship (far more complex than just this but in brief a toxic environment where I couldn't be around him anymore) then it is classes as constructive exclusion which means you are able to claim?