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UK Family Court·Insights for litigants in person
Family Court Reality (the gap) · 520

Assumption: "A £400,000 mortgage is a £400,000 debt."

1 min read

This content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.

What People Expect

Litigants often treat the outstanding mortgage balance as a straight debt that reduces their share dollar for dollar.

Court Reality

The mortgage is only a debt if the house is worth less than what is owed on it. The figure that matters is the equity, which is the value of the house minus the mortgage and the costs of sale. If the house is worth £600,000, there is £200,000 of equity. If it is worth £350,000, there is none.

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The Gap?

"A £400,000 mortgage is a £400,000 debt."

Court Reality

The mortgage is only a debt if the house is worth less than what is owed on it. The figure that matters is the equity, which is the value of the house minus the mortgage and the costs of sale.

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Published12 October 2026Last reviewed12 October 2026

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