Divorce - split of equity HELP!

[MrsAKB]

Help! Anyone been through divorce courts & can share their experience? (I can no longer afford legal representation so self representing.) My husband left 5 years ago. I'm arguing financial settlement. He's entitled to equity in the family home (I assume!). Legally, would we use the value of the house 5 years ago, or now? He stopped contributing towards mortgage when he left but has always paid maintenance (one child).

Unhelpful answer “it depends”.

Very simply in a divorce you pile up assets (including pensions) and get a pot nd starting point is 50/50; however, this can (and is regularly) departed from for various reasons, needs can trump this and if there is not a lot in the pot housing both parties will be courts biggest concern. so on the 5 year point, if the increase in equity is needed to house you both then the court may disregard.

You are best thinking what is a “fair split”, but when I say “fair” forget any bad blood between you and literally what would be fair. Keep to basic facts (look at s25 Matrimonal Causes Act as those are the factors the court has to consider).Then propose this to your ex and see what their proposal is - you could then consider mediation (much cheaper then court).

Thanks, I'll look at the Act that you mention.

(We did financial declarations years ago and there aren't any assets to take into consideration other than pensions and we've got Actuary's report which deals with those. As for housing needs, he earns a very good salary so easily affords to rent a nice property. He knew I had no means of taking over the mortgage or remortgaging so was trying to force the sale of the family home by defaulting on mortgage even though it is only 2 bed which is minimum which myself & daughter need. Will bear in mind mediation, although it has failed dismally in the past)

For clarity, the current value of the house will go into the pot. Any assets he has accumulated over the last 5 years will also go into the pot.

Thank you

I'm guessing that's only if we do a new Form E?

You will have to do a new Form E. You can't rely on one that is 5 years old.