Meshed order

[pj722]

To cut a long story short, I’m a guy, I’m 35 and separated from my mrs 1 year. She is at the 4 bedroom house with my 2 year old son whilst I’m living with my 70 year old mum until the house sells

I earn £39k
She earns £20k for 3 days a week and I’m already paying half of the mortgage, half of her car loans a full whack CSA on top.

I’m think I’m been reasonable.

The house we had is 230k for sale

I have about 15k debt and she has 5 in relation to credit cards

She rekons she wants to stay in the house, but I can’t even afford the mortgage on my name on nearly 40k so she can’t on 20. Mortgage company won’t have it

Surely a meshed order wouldn’t be granted! I don’t earn that much and she doesn’t need to live in a 4 bedroom house with a 2 year old?

What circumstances is a meshed order granted? Is it on high earners?

I think we both need to move on and rent.

Based in the above I think it unlikely but only a solicitor will be able to advise

You don’t mention length of marriage and assets available

3 years married. And house is only assett. And bloody car loan. I have more hour marital credit card but I have offered to pay that!

It's actually a Mesher order.

It's difficult to know what to advise as you haven't told us how much equity etc is in the house. The fact that she only works part time shouldn't influence decisions as she would be expected to work full time.

You need legal advice.

156k is outstanding mortgage and 20% on top is help to buy.... very little equity after 8k car loan and sale of house solicitor paid for

If there’s little equity it’s possible she could awarded that but most likely will be expected to demonstrate affordability of the mortgage and house

I think based on length of marriage, ages and her being able ( and expected ) to increase her earnings spousal unlikely but I’m not a lawyer. Get one

She is unlikely to get a mesher order based on what you say, but may be pushing for that idea to keep some control.. If she really doesn't want to sell she can make trouble to put off potential buyers. With one adult and one child she only needs a 2 bed as do you to allow the child to stay. Are you getting access?
Have you tried mediation or is that not appropriate here. Sometimes someone else saying something with both there can mean you get it better.
I think there is a lot of assuming that the woman keeps the house which was maybe more likely 20 years ago but not so much now.