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Mesher Order an option if FMH in husband's sole name?

(6 Posts)
HappyDay5 Thu 19-Jan-17 10:02:04

Seeking a few words of advice before I attend yet another consultation with my solicitor next week - groan...

Some facts to put you in the picture...

Decree Nisi received last year. I'm almost 44.
Together 10 years, married for 2 years and separated over 2 years ago
Children 7 (boy) and 9 (girl)
Bought FMH together 7 years ago in his sole name (I was financially abused so had no money, joint accounts or control etc)
House worth £260k, mortgage £134k, Equity Loan 30% of value, approx £40-50k equity (less cost of sale if we sell, so around £35k left)
18 years left on mortgage
He lives with girlfriend and comes back for child contact once a week (not my choice and can't seem to prevent this - believe me, I've tried!)
He earns £40-50k, I earn £15k possibly rising to £18k when full-time
I can raise max £115-120k mortgage
Average house costs - £110k for 1 bed flat, £160k for 2 bed and £200k+ for 3 bed

I had hoped to rehouse myself and the kids if I had all of the equity and could raise a large enough mortgage, but the amount I can raise is significantly less than I'd expected. My only options seem to be relocation to a cheaper area (I relocated here for my ex's career 7 years ago and my only support network is in this town - family are 5 hours away), or request a Mesher Order. My solicitor is not keen on the idea of a Mesher and thinks it's fairly unlikely a judge will order this for potentially 11 years as my ex will not be able to buy another property, plus she says it's more complicated as it's in his sole name. Can't say I give a shit about this (sorry!). He already lives with his girlfriend, earns significantly more than me, so could rent very comfortably and is in such debt (CCJ's x 2), would be unable to apply for a new mortgage in all likelihood. She also worries about what will happen at the end... especially as there is already a charge of 30% for the equity loan. If he's awarded say, 20-30%, I'll be left trying to rehouse us at 54 years old with only 40-50% of the remaining equity and less chance of a mortgage at that age (I believe).

Ex wants us to move out and rent so he can have his equity now and pay off his debts. Already had legal advice on this so no comments needed, plus I don't earn enough to rent here either!

My hope is I'll settle down with my, currently part-time, boyfriend in the next few years and we'll buy together elsewhere. I certainly don't want to be alone and dreading the end of the Mesher - all I can do is seek the best solution for keeping a large enough roof over the kid's heads and avoid disrupting their routine for as long as I can.

I'd also like to stay with family and rent out to Airbnb once or twice a year - I'll hopefully raise enough extra money to put by for the future!

MrsBertBibby Thu 19-Jan-17 11:28:10

It being in his sole name is neither here nor there to a competent lawyer.

MrsBertBibby Thu 19-Jan-17 11:29:03

Also, 11 years is nothing for a Mesher. Your solicitor needs to grow a spine.

HappyDay5 Thu 19-Jan-17 12:23:15

Thanks MrsBert, I think I agree! I wanted to use these next few days to gather any ammunition I can in case my solicitor tries to dissuade me...

babybarrister Thu 19-Jan-17 21:10:30

I agree with MrsBB - odd advice frankly ....
nice for him to get some cash for a deposit but if it is not possiboe then your housing needs come first and seeems v little point in you moving down housing ladder given costs of moving

HappyDay5 Fri 20-Jan-17 11:28:43

Thanks BabyB, I just need to go to this appointment with as much information as I can so I make best use of her time! It's made so much more complicated given that it's in his sole name. I don't understand the process but believe a Trust is set up with agreed shares to be distributed at sale or Trigger events but don't think I can be a Trustee as I'm not on the deeds. Grr..

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