header-logo header-logo

04 September 2009 / Thomas Duggins
Issue: 7383 / Categories: Features , Family
printer mail-detail

Homing in on the recession

Property prices are affecting FDR payouts, Thomas Duggins finds

The former matrimonial home is often a couple’s most valuable asset and will form the core of negotiations surrounding the division of marital capital. After the boom years, the recent turmoil in the housing market presents new obstacles when dealing with the matrimonial home in settlement negotiations.

Valuation

The value of the former matrimonial home must be established before negotiations can begin on whether it is to be retained by one party or sold and the proceeds divided. Even if the property is to be retained by one spouse, the courts require an appraisal of value so that an assessment can be made as to the fairness of the financial settlement (H v H [2008] EWHC 935 (Fam), [2008] All ER (D) 415 (Apr)).

Form E requires the parties to provide a valuation obtained in the last six months, or their own “realistic estimate of the current market value”. It is sensible to invite three local agents to view the property and provide

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

DAC Beachcroft—Kirstie Pike & Simy Khanna

DAC Beachcroft—Kirstie Pike & Simy Khanna

DAC Beachcroft further builds national Professional Liability practice, hiring two partners in Bristol

NEWS
A child’s views can be taken into account during international child abduction proceedings, the Supreme Court has held
Small and medium-sized law firms have urged regulators to pause plans to exclude owner-managers from compliance officer roles
Lawyers have raised the alarm on employment tribunal delays and backlogs, with some cases facing a three-year wait for a hearing
The controversial assisted dying Bill has drawn to a halt after MPs defeated it by 286 votes to 270
MPs have called for legislation to protect against the human rights risks of artificial intelligence (AI)
back-to-top-scroll