is family home where stbx lives counted for lsc

sems like an obvious question but when my partner sees if he is eligble for legal aid he most certainly is- but if the former family home is included where he has not lived for 6 years is included the he would not qualify.
he plans on handing over home to stbx and three kids as long as she refinances getting out £25k on current £60k mortgage. but equity is £100k (before the 25k refinance)
the 25k would go to pay off debts run up paying that mortgage while notliving there and his assests apart from the family home are not sufficient to hae to pay.

so -how does the lsc see it or would any legal fees have to come out of the family house equity ?
thanks in advance tania

The following is an extract from the CAB website.

If you are getting benefits

If you are on income support, the guarantee credit of Pension Credit or income-based jobseeker's allowance, you will qualify for free publicly-funded legal representation. If you are not getting one of these benefits, you have to meet capital and income conditions.

Capital

You will qualify for free publicly-funded legal representation if you have capital of under £8,000 and also meet income conditions. If you have capital over £8,000, you will not be able to get publicly-funded legal representation. If you have capital between £3,000 and £8,000, you will have to pay anything over £3,000 as a contribution to costs. If you have a partner, your partner’s capital will also be taken into account unless there is a conflict of interest between the two of you.

Income

If your gross monthly income is over £2,288, you will not qualify for publicly-funded legal representation. If your gross monthly income is £2,228 or less you will qualify as long as your monthly disposable income is not more than £621. Disposable income is the amount that you have after deductions have been made for national insurance, tax, rent, certain other necessary expenses and allowances for dependants. If you have a monthly disposable income of £268 or more, you will have to pay a monthly contribution. If you have a partner, your partner’s income will also be taken into account except where this is inappropriate, for example, where there is a conflict of interest between the two of you.

There is, I'm afraid, another issue which any legally aided claimant must know - namely that legal aid is a loan and not a gift, and therefore there is a danger that if your partner gets £25K, he may have to repay the legal costs.However my understanding is that the statutory charge does not apply to property about which there is no dispute ; so if the arrangement is agreed, then the charge should not apply. Any solicitor who does legal aid work will explain the charge and how to
reduce it or avoid it altogether.

Thanks for the reply but it is no clearer.

I am the new partner and i do not have a bean and we meet the criteria together.

however if 'partner' means the person who is being divorced i.e. the soon to be ex partner then yes the family home is counted as his asset.

which one is it ?

he keeps his pension of 60k
she gets family home of 100k.

the biggest difference is if the family home where he has not lived for 6 years is added to the legal aid form.

thanks