A deeeeep dive into equitable accounting with worked examples from Cameron Stocks and I can be found in this edition of the FRJ (available online and in print). Strictly for the nerdiest nerds, insomniacs, and the poor souls who currently have a cold towel around the head trying to work it all out. - ThreadSky

lottiejohn1.bsky.social • 101 days ago

A deeeeep dive into equitable accounting with worked examples from Cameron Stocks and I can be found in this edition of the FRJ (available online and in print). Strictly for the nerdiest nerds, insomniacs, and the poor souls who currently have a cold towel around the head trying to work it all out.

Reposted from Financial Remedies Journal

The winter edition of the FRJ is now online. Hard copies landing Monday.

financialremediesjournal.com/content/fina...

Comments

familylawbarrister.bsky.social•101 days ago

I will absolutely be reading this. When is equitable accounting not part of a TOLATA case?

lottiejohn1.bsky.social•100 days ago

There is scope for EA in many cases of post-separation disparity in sharing of benefits/burdens. It can make a big difference (e.g. excluded party also paying the mortgage) but in a lot of cases it all nets down to not a lot. Occupation rent outside the cohab context is also now more constrained.

familylawbarrister.bsky.social•100 days ago

Absolutely - managing expectations can be key as parties more often than not feel their claim for occupation rent or mortgage interest will make a big difference but as you say the net position can be small. Excluded party paying the mortgage in lieu of child support can be a complicating feature.

lottiejohn1.bsky.social•100 days ago

Yes, very good point re child support.

martymcd.bsky.social•100 days ago

Ooh, philosophical accounting! When I had an office and five staff on a Friday afternoon we'd usually have a conversation on an obscure accounting point along the lines of 'why, why not, what if, and whats the alternative?' Loved it!

giffordhead.co.uk•101 days ago

I'll read this with interest. I've been seeing more of these cases in the context recently. I've wondered if there's just been a general upturn. Some of them have been for remarkably small amounts of money, too, when compared to the average FR case.

lottiejohn1.bsky.social•101 days ago

Often when you net mortgage instalments and occupation rent off against the other, the gains are marginal at best. Multiple properties over a longer time frame a different kettle of fish.

giffordhead.co.uk•100 days ago

Yes. In the past I only saw them in non-intimate-relationship cases or where there had been years of occupation. When they are claimed for, say, 6 or 12 months over the former family home the sums claimed can be wholly disproportionate to the costs.

lottiejohn1.bsky.social•100 days ago

Certainly in the usual one party stays and pays the mortgage and the other party vacates scenario where any occupation rent and mortgage credit will net off. Definitely more interesting and relevant outside the Cohabitation context.

lmbsaflavin.bsky.social•101 days ago

Looking forward to reading it, though I confess in practice the topic makes my eyes glaze over and I think a very broad brush approach works better if you're trying to settle

lottiejohn1.bsky.social•101 days ago

Much as I enjoy a spreadsheet, I totally agree that a broad brush approach is often the way to do.

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