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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16425
Experience:  I have been practising for 30 years.
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My ex husband has requested that I complete a Form E in

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Hi,My ex husband has requested that I complete a Form E in addition to the D81 already provided (delaying tactic as he is in the property that we jointly own and doesn’t want to sell).Do I have to provide all of the evidence detailed in the Form E (year of bank statements, pension pot confirmation etc) at exchange?I wasn’t sure if the evidence was only necessary if the matter goes to court.The reason I ask is because my ex husband is saying he can’t exchange the form for at least two (probably three) months because he can’t get his pension pot value in writing for that length of time.

Good morning. I will assist with your question - be aware this is an email not chat service.

for background -

how long were you together and married in total?

why is he in property and not you?

any children under 18?

and are you prepared to force the sale?

Customer: replied 1 month ago.
Thank you.Together 15 years. Married 11. Divorced March 2020.Separated Dec 2018 and we tried to live in the same property but I was unable to stay as he planted recording devices and was recording me against my will (I have evidence of the purchases. He has previous of recording me throughout our marriage - including taking photos of me semi naked whilst sleeping). He would also not accept that we were over. I moved out July 2019 (he refused to leave).I took our two children with me when I moved out (now aged 10 and 7).We have since agreed shared custody of the children (50/50).I have been paying half of the mortgage since leaving the property but, given he is refusing to engage over a settlement, I will cease paying this month.I am prepared to do whatever it will take to move on with my life.The clean break order that I have put in front of him is extremely fair.I have requested- 50% of the equity of the property- keep the family car (worth £7k)He will in turn-keep his savings (circa £16k). This will be something disputed in court. He will argue he doesn’t have savings. I have evidence (bank statements) of him moving it as soon as we separated��- no claim over my savings (£4K)- no responsibility for my debt (£4.5k)- pensions to remain with the person whose name is ***** ***** (neither of our pots are huge). I don’t have the exact figures yet.

I don’t how long the pension company are going to come up with the CETV and that may be correct or it may not.

Complete the form because if it does end up in court you are going to have to do it anyway.

However you need to wait until he has is completed and then exchange them.

You need to remember that you can do what you like between you, without filling any forms in, if you are in agreement as to what’s happening with the finances.

A person is not responsible for the mortgage or rent or the bills of a house that they do not live in although they remain liable to the lender or landlord if the other person stays in the property and doesn’t pay the mortgage or rent.

In that case, the non-occupier would be entitled to recover any mortgage or rental payments made by the non-occupier, from the occupier within the finances of the breakup of the relationship/marriage.

So you may want to consider stopping paying the mortgage because that may focus his mind about selling if he is struggling to pay it.

F E Smith and other Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you, that’s really helpful. I will look to reclaim costs too.Hopefully he will see that this is going to end badly and that it makes sense just to sell now (however scary that may be).