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Mesher order

(6 Posts)
Pumpkinpie11 Thu 14-Nov-13 10:30:19

Thanks, I had a great solicitor who really seemed to be protecting the best interests of my children but she left the firm.
We were in court yesterday over the children and I have a new solicitor who doesn't seem to work the same way the previous one did.
As you can imagine paying solicitors fees all the time is a massive overhead.
I think I'll have another chat with her about the house and try to establish if she's prepared to work things in favour of the children.

Collaborate Thu 14-Nov-13 06:08:38

I agree with STIDW. Get some formal legal advice.

STIDW Wed 13-Nov-13 23:32:43

You really need independent legal advice because each case turns on the specific facts. Meshers are used when there is no other way to keep a roof over the heads of children but the split of equity doesn't necessarily have to be 50:50 it can be in different proportions. When there isn't a great deal of equity in a property and there another option might be for it all to be transferred to you, particularly as there is another 16 years before the children have grown up.

It all depends on the value of any assets (including pensions) and liabilities held in his/her/joint names, respective incomes, the duration of the marriage, your ages, the children's ages and the average number of nights/week they stay with each parent.

Pumpkinpie11 Wed 13-Nov-13 23:29:13

Thanks redhelen.
The deciding factor for me could then be that if we sell the house now and I rent I would get housing benefit so therefore wouldn't be paying rent. Unfortunately with my daughter's condition it is highly unlikely I will be able to return to work for a good few years as even working around 3-4 medical appointments would be hard before I even get started on physio & sourcing childcare.
It just seems unfair to pay a huge portion of my income out for 16 years so he can have half!

RedHelenB Wed 13-Nov-13 23:16:32

Will depend on other factors tbh. Also on the severity of your dds disability. As for paying the mortgage, that is seen as the equivalent of paying rent. If it is a small percentage of equity when your daughter reaches 18 you will have time to work & save up to buy him out.

Pumpkinpie11 Wed 13-Nov-13 22:06:36

I'm hoping somebody can give me some advice.
My STBXH has stated that he wants a mesher order on the house.
I live here with our 6 children and I am currently not working and paying the mortgage from my tax credits.
I'm wondering how this works because he has not contributed to either the mortgage or upkeep of the house since we split a year ago.
Do I pay for 16 years on my own then he gets half?
My youngest is 2 and has a physical disability. The house is about to be adapted for her use and I'm concerned that when she turns 18 we'll find ourselves homeless without the Capitol or ability to find an adapted house.
Will the courts really make me pay him half after paying the mortgage for 16 years and throw a disabled child out her adapted home?

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