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Mesher order advice(4 Posts)
I'm after a bit of advice. Me and my wife are in the process of divorcing and I am currently looking at at various ways to divide up the finances.
We have 2 kids (age 7 and 4) and around £200K equity in the house. I earn £67K and currently pay for everything including the mortgage (£800 per month). My wife is so far refusing to work and is opting to survive on benefits.
She would be unable to take on the mortgage herself but might be able to pay 50% of it (depending on the benefits she is eligible for).
This seems a little unfair as it would mean I would be unlikely to be able to get a mortgage for the next 14 years. My argument would be that a percentage of the £200K equity would be more than enough to house her and the 2 kids. Also, if I did pay for the mortgage I would have to buy or rent a much smaller property which would not be feasible for when the are staying there. We are planning a 50/50 custody split.
How likely is a mesher order in this scenario? I'm speaking to my solicitor tomorrow but would welcome any thoughts from people who have been in a similar situation.
The courts have an obligation to look at a clean break - can the both of you be independent.
At £200k equity in the FMH (£100k each of you start at a 50:50 split), can your EW buy a home for herself and the kids with that £100k?
She may refuse to work but she’ll be expected to get a job and support herself.
If she wants a Mesher Order (which IMO is a bad idea as it delays the inevitable) she will have to prove to the court that she can afford to pay the mortgage and upkeep of the house on her own.
My now partner was in a similar position to you. Kids were 7 & 10 at the time (they went to final hearing for their consent order). EW refused to get a job. She wanted a mesher order for 11 years until the youngest was 18 then he would receive a 70% share of the property. My OH pay the mortgage in full for those 11 years (£7k a year). She wanted spousal maintenance (£9,500 a year). She wanted half his pensions. A new car. A £3k lump sum. He pay £8,500 CM a year (£1,300 over the CMS recommended amount). I should add he wasn’t / isn’t a high earner.
Judge told her to get a job and start supporting herself.
There was enough equity in the house (£250k at the time) to provide for them to both buy a property but EW argued she couldn’t get a mortgage. She was given 4 years in the house until it’s sold. She has to pay for the mortgage and upkeep of the house in full over those 4 years. On sale she gets 67%.
She got 50% of pensions.
She got no spousal maintenance.
Your EW may WANT but it’s based on needs not wants.
Oh and you are entitled to have ‘appropriate accommodation’ for when the kids stay with you.
My OH’s EW (who was living in a 3 bed, 3 bath detached house on a private gated development) said she couldn’t move because it would upset the children. She argued my OH could buy a 1 bed flat and the children could slept in his bed and he slept on the floor (the kids are a boy and a girl and their dad was 50 years old). Judge told her that wasn’t going to happen and the father also should have ‘appropriate accommodation’ please make sure you state that.
We have just agreed and legalising a postponed sale but certain factors were taken into account such as there is no equity in the house anyway as it was a new build and only bought two years ago and child maintenance covers the cost of the mortgage and still have £55 left over to be paid to me. Plus my ex has a dmp so cannot get a mortgage so it benefits both.
The postponed sale also ends of:
Someone moves in
Or our youngest turns 18 (she’s 4 months)
I must also add that I have to seek a mortgage every 18 months
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