Deed of trust

[des8]

As you are tenants in common, with a deed of trust, and there are no children involved the division of assets should not be too complicated.
The court will look at such things as past contributions by both parties (which will include your supply of the property), financial circumstances and prospects etc as in sec 25 of the Matrimonial Causes Act 1973.
It cannot be certain that your ex is entitled to half the value (or any of it) of your house.

[Amber69]

Also he went bankrupt a few years ago, the official receiver looked into taking his share from the house but fir what ever reason decided against it. There is also a charge placed on the house against a debt that is solely in his name but was used to improve the house, would thus have any bearing in court?

[des8]

OR possibly didn't take the house into account as the chances of getting a court order to sell, combined with the secured loan just wasn't viable

[Amber69]

I offered to pay his equity to them but they declined and so reverted straight back to him

[des8]

You could try looking for advice from a Law Centre if there is one near you: I am looking for advice (lawcentres.org.uk)
Or these Getting Free Legal Advice - Free Solicitor Advice

Some solicitors offer a free or reduced initial fee consultation.

[Amber69]

So I finally received my court date, I have sought legal advice but really can't afford the costs so I'm doing as much as I can on my own. I am working my way through Form E and just want to know about the Bundle, does his solicitor decide what goes into the bundle or is it the form E and will he send me the documents hat I have to fill in?

[des8]

I've very little knowledge of these matters, but on Googling I found this website which might give you pointers around From E completion.
Form E Divorce | Financial Disclosure Form | Full Guidance and Example (garner-hancock.co.uk)

The contents of a bundle are normally agreed between the parties before the nominated party collates and prints it prior to submission to the court.

I'm tagging one of our members who might be able to help, although he hasn't been active since October last: Philip Bowen

[Amber69]

Thank you, I'll have a look now.

[ostell]

Should look on page 2 before writing!

[Amber69]

On Form E, section 2.1, total equity in property, mortgage, cost of selling etc. Do I include a debt in my x husbands name only but there is a charge placed on the house, so if the house is sold the debt would be paid of?

[des8]

If there is a charge registered the debt will be paid when the property is sold.
If the debt is in your exes' sole name the debt should be paid from his share of the equity

[Amber69]

So should I include that in section 2.1 as that would be deducted if the house was sold, thus reducing the total equity left?

[des8]

I think you include it as it was used to improve the property (but do try and get a professional check on your form when you've completed it.... perhaps a single fixed fee consultation)

[Amber69]

I will look into it, thank you.

[Amber69]

So ex has lied on his E form, I have challenged these lies in the questionnaire I have completed but I don't have to prove they are lies he has to prove they are true. My issue is he has also lied in his statement of issues to which I cannot reply, the judge decides at the hearing what needs answering, I am worried his lies will carry weight if I can't question them, is there anything I can do?