Submitting Property Particulars and Mortgage Capacity

You will need to think about where you and your ex could live in the future. This is sensible even if you want to stay in the family home, because it helps decide whether you can downsize or whether somewhere else might be more affordable or suitable.

You need to think about this even if you are trying to agree things with your ex.

You also need this information for court if you are going through the contested financial remedy process.

Preparing for the first hearing

The Notice of First Appointment issued by the court when an application is made (often labelled Form C) sets out what you have to do before the first hearing.

Here’s what the order says about future housing:

‘Best endeavours’ is a phrase family courts use a lot. It means ‘try your hardest’.

• You therefore need to try your hardest to find details of three properties suitable for you and three properties suitable for your ex.

• You should then try your hardest to submit information about how much a bank or building society would lend you as a mortgage.

This needs to be done and sent to the court and the other party at least 14 days before the first court hearing.

Property details

You need to find details of houses you or your ex could buy.

• Think about the money you are likely to have available to buy a property. At this stage you might not know exactly, and you might need a range of prices.

• Think about the size of property you need. If you have children, do they each need their own bedrooms or could they share? Are children living there permanently or staying over for contact?

• Is there a garden and/or garage?

• What about accessibility if you or one of the children has a disability?

• Think about location. Do you need to be in a specific area for a good reason, such as that it’s near the children’s schools?

• What about public transport or the drive to school/work/the other parent (for child contact)?

• Are you in a position to do renovations or improvements to make the property suitable?

• How much will it cost you to live there? Think about the likely utility bills and council tax band.

• Think about how safe the area is, and any amenities such as shops or parks.
  
  

Now look on Rightmove and Zoopla.

Find three properties that you think would be suitable for you. Print out the details of these properties. Make notes for yourself on why you chose them and any strengths or weaknesses. You can use the list above to help you focus. You will need these notes later so put them in a safe place.

Now do the same thing for your ex.

Shared ownership

You may want to look at shared ownership properties, where you co-own with a housing association. You pay rent to the housing association for the proportion they own, and you own the rest (with or without a mortgage). Housing association properties have eligibility criteria so read these carefully. Housing associations which offer shared ownership in Norfolk are

• Anchor (for over 55s)

• Broadland Housing Association

• Clarion

• Flagship (Shared Ownership Affordable Housing) including Victory Homes

• Hastoe Housing Association

• Housing 21 (over 55s)

• Orbit

• Orwell

• Places for People

• ReSI Housing

• Saffron Housing

Mortgage capacity

‘Mortgage capacity’ means how much a bank or building society would lend you to buy a house in the future.

This depends on

• The house price

• Your credit score

• Your earnings

• Affordability

We have a guide to how mortgages work.

Most formal mortgage capacity reports cost money. The Notice of First Appointment says that you can submit formal evidence of your mortgage capacity later, so at this stage you may just want to get whatever ‘brief, indicative’ assessment you can. That might mean contacting several banks or building societies and finding out what they would lend you.

The Notice says that you should work with your ex to get the information for both of you.

If either you or your ex intends to live with someone else, then it’s best to ask for their mortgage capacity by themselves, and as a separate figure their mortgage capacity if they lived with someone else (which will take into account that person’s earnings too).

Deadline

At least 14 days before FDA (the first hearing).

Send to:

• The other party

• The Harlow scanning centre with your cover sheet.

  
  HMCTS Financial Remedy

  PO Box 12746

  HARLOW

  CM20 9QZ

  
  If you’ve lost your cover sheet (which was sent to you with your Notice of Hearing) then there is one here. Add your divorce case number to it.