Jolanta Cemke v Krzysztof Roland Cemke

Facts

The applicant, Mrs Jolanta Cemke, aged 52 and suffering from back problems, anxiety and depression, and the respondent, Mr Krzysztof Cemke, aged 50 and in good health, cohabited and then married in 2000, separated in May 2010 and divorced later that year, the decree absolute being dated December 2010. They have one adult child, about to begin postgraduate study. The separation was acrimonious: W accused H of domestic abuse and left the former matrimonial home in west London with the child for emergency accommodation, later renting; H was prosecuted and acquitted after a six-day Crown Court trial, and lengthy Children Act proceedings ran between 2010 and 2016. H remained in the FMH, held in joint names as tenants in common after he severed the joint tenancy on 28 September 2010, paying the interest-only mortgage. The property has an agreed value of £512,500 and net equity of £280,000; it is the only asset of note, each party having about £10,000 of debt. W issued a Form A on 4 August 2023, some thirteen years after decree absolute. The FDR took place on 4 October 2024 without settlement, and a final hearing listed on 30 January 2025 was ineffective for want of an adequate bundle and QLR attendance; DDJ Shelton adjourned and re-listed it. W sought reimbursement of rent and utilities plus half the equity; H offered £100,000 and relied on delay.