NSW Rent charge appears on property settlement offer from 2019.

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20 February 2021
Hi :) My husband and I separated May 2019. We shared our home, me mon-thurs and him fri-sun for 5 months. I then lived in home with kids (3 and 6) for 7 months while he decided to live with his parents. I had to leave home and area and go out n rent as of May 2020 (to avoid the toxic harassment) while he decided to continue living at parents rent free. We both pay mortgage at 50% each plus I alone have to pay rent. He wouldn't rent our home out as he kept saying he was going to move in but he never has and it still sits empty (9 months currently). Feb 2021 we started trying to come up with a fair settlement when he informed me he was instructed by his solicitor to charge rent for the 12 months I lived in the home (in actuality it is only 7 months). This had never been spoken of until I rejected his first offer. While I know that rent can be asked for by the party not in the home when they themselves are paying rent and mortgage but would this scenario stand up in court as it has only been brought up in an attempt to lessen his buy out figure by a large amount, never mentioned before settlement offers and he had it sitting vacant longer than I lived in it alone even though I asked for it to be rented?