Part 5 — Family Maintenance and Support
79 Obligation to pay rent, etc.
partner is responsible for paying the following during a period of
temporary possession:
(a) rent or any similar charges that fall due in respect of the
occupation of the family home;
(b) payments that fall due unde r any mortgage on the family
home;
(c) payments that fall due unde r any lease or loan in respect of
the household goods;
(d) the costs of insuring the family home and household goods
against damage, destruction and public liability;
(e) applicable taxes assessed against the family home;
(f) reasonable charges for el ectricity, gas, water and other
utilities used at the family home;
(g) the costs of reasonable maintenance and repair of the fami ly
home and household goods.
(2) Subsection (1) does not apply to the extent that
(a) a will of the deceased provi des that a person other than the
estate and other than the surviving spouse or partner, or
(b) an order of the Court, an insurance policy or an agreement
provides that a person other than the estate
is responsible for paying a charge, payment, cost or tax referred to
in subsection (1).
(3) Except as may be provided otherwise in or by a will of the
deceased or an agreement made between the spouses or adult
interdependent partners, costs paid by the estate under subsection
(1) are an advance of the surviving spouse's or partner's share of
the estate and, subject to any order under this Act, may be deducted
from the share.