Under In re Marriage of Watts (1985), a spouse who enjoys exclusive use of a community asset (like the marital residence or vehicle) post-separation may be charged for the reasonable rental value.
If Spouse A continues living exclusively in the community-owned home post-separation while Spouse B pays rent elsewhere, Spouse B can request Watts Charges under In re Marriage of Watts (1985).
The Watts charge is calculated as the fair market rental value of the property for the period of exclusive occupancy minus any mortgage or property expenses paid by the occupying spouse during that period.
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