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Anyone. With experience of a mesher order?

(12 Posts)
Nottalotta Thu 15-Jun-17 08:24:39

What are the criteria for getting one? Do you have to have specific circumstances? How do you pay for it if your skint?

Also, finances once it's done, do you have to prove you can afford it?

Bestseller2017 Thu 15-Jun-17 08:31:14

Everyones situation is different so you need legal advice based on your particular circumstances.

I had young children with special needs but my house was ordered to be sold and the equity split in a clean break.

People often say, you will be able to stay in the home until the children are 18 but I am afraid that is not always the case.

Bestseller2017 Thu 15-Jun-17 08:32:01

You have more of a chance of sorting that if your ex agrees to it of course. There was no chance in my case.

Nottalotta Thu 15-Jun-17 11:36:31

Thank you, it's useful to.have experiences. I have 2 under 2. I have no.idea how he'll be, probably saying one thing and doing another, veering between reasonable and abusive if his past behaviour is anything

Worrynot1 Thu 15-Jun-17 12:55:50

Ex got one, locked me out of my equity, she had Legal Aid I did not , now have a second charge on house with conditions that keep her in the house until youngest 18. Vowed I will enforce it the day youngest is 18 and that is getting close now. Problem is that it leads to a lot of resentment and prevents a nice clean break.

Hont1986 Thu 15-Jun-17 13:19:15

Very unlikely to get a Mesher order if you have such young children.

moonfacebaby Thu 15-Jun-17 20:35:15

I've got a Mescher order.

My exH is a very high earner, when we split up, DD2 was a year old. My career took a back seat to his during our marriage & I'm the main carer for our children. My job doesn't pay anywhere near his either, so all these factors weighed in my favour.

Nottalotta Thu 15-Jun-17 21:52:10

I honestly don't know if it's what I want. I can't see him agreeing to leave though. I'd like a period of time alone in the house. I was just wondering what the options are.

KanielOutis Fri 16-Jun-17 13:29:59

I had one, with the option to buy out at any stage at a fixed percentage from divorce to the youngest child reaching 18. I bought out at the first opportunity, as soon as I could remortgage (about 2 years in). The percentage split means that as house prices rise I would have had to find a bigger lump sum as time went on.

Nottalotta Fri 16-Jun-17 13:31:59

Are you tied into it? As in could you both agree to sell sooner?

Also, did you have to prove it was financially viable and did exh still contribute?

KanielOutis Fri 16-Jun-17 13:34:39

ExH didn't contribute to the mortgage during the period between the mesher order and me buying him out. My full mortgage payment was considered in lieu of renting his share until I could remortgage alone. It was legally binding in a court order.

TempusEedjit Fri 16-Jun-17 14:48:24

It's not the court you need to satisfy regarding financial viability, but the mortgage company. The court can order whatever they like but if the bank refuses to let you take on sole responsibility for the mortgage once your finances are sorted then the court can't do anything about that. I think it's unlikely they'd order your H to have his equity tied up in house and have to contribute towards the mortgage as well (you cover his half of the payments as well as your own in return for living in "his" half of the property) but I'm not certain of this. Having said that the split of marital assets might go in your favour if you're going to be primary carer. Much depends of what assets you have and how long you've been married, whether you've given up work, your ages, any disabilities etc.

More info on mesher orders:

The Wikivorce website is also a good resource.

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