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Mesher Orders anyone?

(9 Posts)
Celynfour Tue 29-Apr-14 17:30:26

A little background.( sorry a lot)
Three children, eldest 11, 14 yrs married, h left out of blue and is living in states with new fiancée.
I petitioned and have a nisi.
No headway on financial settlement.
House in his sole name , marital home but my house sale didn't complete in time, we always intended to add me, got papers several times, never got round to it. Sigh.
I was sahm, after he left I found p/to work and have tax credits. My parents have paid mortgage since he left but will no longer.
I can't buy him out or raise mortgage. He's self employed but potentially big earner.(this has not worked for 9months mostly holidayed...)
He has debts... Mesher order? I wanted clean break but he laughed in the face of the only offer I cld make.
Help.....

babybarrister Tue 29-Apr-14 20:37:42

You need proper legal advice as so many variables - look at resolution website

If you can sell and release equity but buy house for you and DC court might order that ... All depends on detail

Celynfour Tue 29-Apr-14 21:09:26

Not enough equity in house for an outright purchase and he keeps saying he wants his 'profit'.
I'm scared about ending in court. And the cost sad

Celynfour Tue 29-Apr-14 21:10:10

Not enough equity in house for an outright purchase and he keeps saying he wants his 'profit'.
I'm scared about ending in court. And the cost sad

Fidelia Tue 29-Apr-14 22:10:52

You need to see a solicitor and...I suspect that you'll end up in court, regardless, given his attitude.

I believe that you can get an interim financial order that can make him have to pay mortgage if you can't afford it and it is the family home where the children live...but your solicitor will know.

The house is still joint marital property,even if it is in his name. Given that you have care of the children, you will be entitled to more than 50% of the home's capital (the legal priority is the well being of the children and the ability to house them). The profit is not his, it is joint marital property too.

Personally I wouldn't do a mesher order because you would have to sell up at an age when it will be very difficult to get a mortgage. Better to sell up now and downsize...plus it will set you free from the worry that his debts will be secured on the house.

dripty Tue 29-Apr-14 22:22:33

I considered a meshed order but having mulled over it prefer the clean break. Why would I want to have to be tied to my ex any longer than necessary?
He sounds like my DH re finances. A solicitors letter asking for financial disclosure and your intent to divorce should get his arse into gear.

Allycat Fri 02-May-14 16:02:31

You need to speak to a solicitor to arrange a court order so he can not sell or increase the mortgage against his house. It is half yours even if it is in his sole name.

Nappaholic Wed 14-May-14 23:56:30

You should register a Matrimonial Homes Act notice at the Land Registry. A solicitor will be able to advise you, or check on the Land Registry website. You should get legal advice...your case isn't complicated, but there are traps and considerations which an experienced solicitor will advise you on.

Molly333 Mon 22-Dec-14 02:19:40

Can my best friend reduce her mescher order payment due in four years if he hasn't paid maintenance for years ( four children, she's struggling) ?

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