The parties, who were unmarried cohabitants, jointly purchased a home.
The applicant paid the down payment and all mortgage and property expenses during cohabitation and for 3.75 years post-separation.
After the property was sold, the applicant moved for summary judgment seeking an unequal division of the net sale proceeds based on unjust enrichment.
The respondent opposed, seeking equal division and occupation rent for the post-separation period.
The court granted the applicant's motion, finding he was unjustly enriched by paying down the mortgage principal and replacing the furnace without contribution from the respondent.
The respondent's claim for occupation rent was dismissed as inequitable given her lack of financial contribution to the property.
