Mescher Order

[Maybe3ornot]

I am becoming a regular on here, but appreciate everyones advice/experience whether it be what I want to hear or not. I have spoken to my solicitor and we are considering the real possibility of a Mescher Order as my youngest is 11years old. Has anyone had one of these? Do they cost much? How did it work out for you?

Thanks again for reading and any advice

I’ve not had one but know if others who have

The one thing to consider is whether you’re just delaying the problem
In one case I know of the wife was awarded 65% share with husband retaining 35%. She paid mortgage and bills for 8 years
When child was 18 she then had to sell in order to raise the 35% of the now much increased house price, and had no way to get the money to do so now also being 8 years older and less eligible for mortgage. So house was sold.

I think they can work but definitely something to think about

Mine are bit older but it's something I'm looking to do. It's not ideal but for various reasons it's going to be the most sensible way to keep some stability for the children until they're both at Uni. At that point I can look to downsize anyway.

I did do a lot of research on this and I gather the aren't lightly used, but in some circumstances they are going to make sense. Certainly, my solicitor thought it would make sense for my situation. My STBEX vehemently disagrees but as he doesn't give a stuff about the kids and just wants his slice, I'm not going to take much notice and will see what the Judge thinks.

Well according to your other threads your new partner has moved into the house with you & you’re due to give birth to his baby in April so based on that your chances of getting a mesher order is virtually zero (they’re extremely rare now anyway). No judge is going to tie your ex to you financially when there is a new baby & partner involved so it’s pretty much guaranteed that a clean break be ordered. This is especially true as on 62k your ex is not a high earner so what you’re asking is that he effectively maintain a roof over your new partner & baby’s head while being unable to buy a new place himself.

@OnlyFoolsAndFuckers im not asking for him to stay on mortgage. I would take over current mortgage in my sole name next year as can at the rate it is, so that frees him up. I just can’t afford to buy a house with what would of been left with the equity he wants or to give him just yet the equity. I wouldn’t expect him to stay on the mortgage, even after what he’s done, some people have morals

So at best you want to get the house, mortgaged by you and new partner and all he gets is a charge on the house which he might not get for many years until he takes you to court to force a sell at a high cost to him.

How is this fair to him. You have a new partner to look after you now. Why should tour ex still support you and your new partner too!

I have to agree with above - if you have a new partner on the scene that changes things enormously.

(In my case there is just me and the kids and we are not over-housed right now, and I will downsize once they aren't living here full time.).

Agree it’s not likely based on your partner moving in.... why is he not helping you to afford to keep a roof over your head if you are having a baby together ?

We have delayed the sale until the kids graduate university, but it was a mutual decision, he pays the mortgage as I moved out (my choice to relocate). We have not used solicitors at any point.

If it goes to court then judges tend to avoid them longer term but will for instance delay the sale especially if children are 14+ and selling necessitates moving area. Other times they are used are if one partner is part way through training/studying which means they are not in a position to get a mortgage but will reasonably be in 2-3 years. Adapted homes due to disability are another exception. To have the sale delayed 7 years without mitigating circumstances may not even be in your best interest, 12 months was all one of my clients got in very similar circumstances

[quote Maybe3ornot]@OnlyFoolsAndFuckers im not asking for him to stay on mortgage. I would take over current mortgage in my sole name next year as can at the rate it is, so that frees him up. I just can’t afford to buy a house with what would of been left with the equity he wants or to give him just yet the equity. I wouldn’t expect him to stay on the mortgage, even after what he’s done, some people have morals[/quote]
OP you’re missing the point & you also don’t seem to understand what a mesher order is.

There are several events that will trigger the sale of a house under a mesher order; one of these triggers is cohabitation so as you are already living with your partner, you have virtually zero chance of obtaining one. What you want to do with mortgages & so on is irrelevant.

As I said above, no judge is going to issue an order which means your ex has to house your new baby & partner (which is effectively what you’re asking for as his equity will be tied up in the house) hence why these triggers exist.

I think you said on the other thread that the equity is only 69k so since you can afford the current mortgage solely on your own (as you say above) is there a reason why your new partner can’t jointly get a mortgage with you so you can raise an extra 35k & buy your ex out? You say you can’t afford to buy another property without all the equity but seem to be overlooking the fact that your current partner should be contributing too.

As for morals & what your ex has done, I’m not commenting on that nor am I making any judgements about him or you. This is the divorce / separation board so I’m just trying to give you facts as a court would see them & the reasons why. I’m not trying to be harsh.

I’m OnlyFoolsAndFuckers btw OP, sorry I name changed!