What date to use for assets / debts?

[somebodyoutthere]

Stbxh wants to use the date of separation for the outstanding mortgage figure to be used to work out the amount of equity to transfer over to me. (I’ve moved into rented and he’s paying the mortgage by himself). I sort of agree that sounds reasonable, but then surely that date should then also be used for debts (which have gone down since)? Does anyone have any experience of this?

Maybe I should do two calculations, one with all assets/debts at separation, one as at today’s date and see how they compare?

It's usually the most up to date figure that's used. How much debt are you talking about? Either way you obviously should use the same date for both calculations - he can't use the earlier date for the mortgage and the later date for the debt just because it works in his favour. I'd laugh in his face at that suggestion.

ooh, I'd be keen to know this too, I've got a Form E from my solicitor, and I know that H's credit card balance has gone up significantly since we separated, and I don't see why his new golf clubs and wet weather gear spending is anything to do with me.

Just down mine at it was at the time of filling in the form

Thx so much for replies...it’s helpful to know it’s normally the date that the form is filled in. I can then have the other calculation up my sleeve if it shows he’d be no better off using the separation date...his debts are significant, but we’re splitting them 50/50 at point of equity transfer.

Well there is argument to use different dates. Because they may be different types of debt

For the mortgage the debt is secured to the asset and is typically an investment. With rising house prices I would use as late a date as possible.

This might aggrieve him because he thinks you are not paying the debt. But he is depriving you of a home and causing you to pay rent whilst he enjoys a benefit. Unless he is paying rent on your half of the house he is costing you money.

Other debt may be treated differently. As above individual debt accrued after you separate could be excluded if deemed to be outside marital or family responsibilities.

It’s not wrong in principle but he doesn’t understand the principle and is being self serving. You need to insist on the latest estimate of equity in the house. There is no basis for him to claim more because he is paying the mortgage.

Thanks Lemon that’s a useful, scientific way of framing it for me.