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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

How likely is a mersher order to be granted?

54 replies

Lattelight · 18/11/2024 18:22

Final Hearing in a few months and a mersher order has been requested.

Partner A)

Lives in FMH with 2 DC 13 and 16

House equity 300k

Ability to mortgage 160k

Local housing available (downsize but still adequately housed)

Pension 60k

Zero Debt

Partner B)

Privately renting

Adequately housed but month to month rental agreement due to Section 21 and uncertainty of long term security in private home due to costs

No mortgage capacity but possibility of shared ownership if FMH sold

Pension 5k

10k Debt

Will a mersher order be granted or FMH sold to release equity for Partner B?

OP posts:
Mickey79 · 20/11/2024 07:14

A does not need a four bed detached home for one adult and two children, Utility bill debt during marriage should be joint responsibility. B has been too passive and I suspect A thought they would get away with giving B nothing.

exprecis · 20/11/2024 07:22

I know very well how expensive legal advice can be but both partners here would really benefit from a bit of time with a good lawyer.

Even just an hour to run through the basics. I really would prioritise it - especially partner B.

Tiswa · 20/11/2024 07:29

I think if you are A OP you really don’t come across very well wanting this that and the other and ultimately I think that will come across in court and the house will be sold

if you are B - I am sorry as I think you have been trapped in a relationship where you were made to feel not worthy of anything and some legal advice would be good as even the debts could be seen as marital assets

eithrr way I hope the court evens this out as it should to an equal split to enable both to look after the children and both to be housed

millymollymoomoo · 20/11/2024 07:33

If you’re A, you’re totally out order, the house needs selling, you need to downsize, free up equity get a mortgage and give B their rightful share now.

if you’re B, wake up and stop being passive with the scraps A is throwing you, you’ve been walked all over and you should be fighting for more than 50% of equity to equalise your housing

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