Form E Property Section: What You Need to Include

Which section of Form E covers property?

Property is declared in Section 2.1 of Form E. You must list every property in which you have a legal or beneficial interest — not just the family home. This includes buy-to-let properties, inherited properties, properties held jointly with third parties, and any property you have a beneficial interest in even if your name is not on the title.

For each property, Form E requires you to state the current market value, the outstanding mortgage balance, and the net equity. You must also attach supporting documents for each entry.

What documents do you need for each property?

How to value the family home

The family home should be valued at its current open market value — what a willing buyer would pay a willing seller today. There is no requirement to use a RICS surveyor at the Form E stage, but you should use a reputable local estate agent with knowledge of the area.

If the parties disagree on the value, it is common for each party to obtain their own valuation and for the matter to be resolved at the FDA or FDR hearing. A joint single expert can be appointed by consent or court direction if the difference is significant.

Calculating net equity

Net equity is the market value minus the outstanding mortgage redemption figure, minus the estimated costs of sale (estate agent fees, legal fees, and any early repayment charge). Present the calculation clearly in Form E — do not just state the gross value and leave the court to do the arithmetic.

Every property you hold a legal or beneficial interest in must be declared in Section 2.1, not just the family home.

Properties you must declare beyond the family home

• Buy-to-let or rental properties — include current market value, mortgage balance, and rental income (which is also declared in the income section)
• Inherited properties — even if inherited solely in your name during the marriage; courts consider all assets
• Properties held jointly with third parties — declare your share of the equity, not the full value
• Properties owned through a company or trust — these require careful treatment; take legal advice on how to present your beneficial interest
• Overseas properties — declare in sterling using the exchange rate at the date of the form; attach evidence of value in the local market
• Timeshares or fractional ownership — declare the resale value of your interest

What if the property is in negative equity?

If the outstanding mortgage exceeds the current market value, the property is in negative equity. You still declare it in Section 2.1 but show the net equity as a negative figure. Attach the mortgage statement and valuation as normal. The court will take the negative equity into account when assessing the overall financial picture.

What if we still have a joint mortgage?

Both parties remain liable for a joint mortgage until the mortgage is formally transferred or the property is sold. Declare the full mortgage balance in Section 2.1. The court cannot order a lender to remove a party from a mortgage — this requires the lender's consent and the remaining party to pass a fresh affordability assessment. This is often one of the most complex practical issues in a property settlement.