Although I have a fair idea, I'm not certain what you meant by "It will also depend on how you held the property out to creditors in the past".
The occupational rent issue will be part of the beneficial interest fight that she will be fighting. There is the pre-bankruptcy position and the post bankruptcy positin to be agreed as part of the beneficial interest position. Obviously it is the post bankruptcy position where the occupational rent comes in.
The position is really a catch-22.
Don't fight the beneficial interest and the trustee gets all or most of the equity (so she looses indirectly as we have no plans to divorce)
Fight for her beneficial interest and loose a bit more in solicitor fees and court costs
or Fight and win.
She has a very solid proveable position so getting a 50% ruling is almost certain. I believe that there is a chance that she could get 75% based on contributions. So a fight it will be.
At the end of the day it makes the difference between Annulment (and us having less money to start a new life) versus Discharge (and enough money to start a new life). Frankly having lived for the last 10 years as a bankrupt annulment really does not seem to matter. It is having the money to start a new life that does.