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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.

New partner

5 replies

Chocobuns · 21/11/2024 16:42

Hi first time for advice....divorced about 3 yrs ago (very difficult situation, which resulted in my getting specialist support without getting into detail).
The financial settlement contains a clause if I ever decide to move in with a new partner (under Mesher order)....then it'll be a triggering event - either buy ex out or sell. My new partner and I are very well aware of this.
We haven't moved in together as yet but we're in serious talks about it.
My ex husband thinks we already made the move , which is untrue, and messaged me to say that in order for my partner to move in we need his consent. This is the issue....is this true?
I need to point out, his name is in the mortgage under the Mesher order but he does not contribute financially to the mortgage or any bills etc. He just pays the basic maintenance.
We're at a loss as we want to take the big step and it's easier for my kids to be close to school etc but we also know that he'll never give consent and it's contradicting the 6 month grace period as per the courts.
Do I actually need his consent?

OP posts:
millymollymoomoo · 21/11/2024 17:01

You don’t need his consent
but it will trigger the mesher terns to buy his share out or sell

quite rightly

NorthernSpirit · 22/11/2024 08:07

You don’t need his consent to move your partner in.

But if you do move your new partner in - this will trigger the sale of the house. So you need to be prepared to buy him out or sell.

This is a standard clause in a Mesher order.

AutumnLeaves24 · 22/11/2024 08:12

With him not saving not pay his mortgage/rent would you not be able to get a mortgage that covers paying off your ex DH? Or just move & buy another house near the kids school(s)?

or he 'lives' at his Mums/friends and stays over?

how long have you been together?

Chocobuns · 22/11/2024 09:48

We fully understand it will trigger the sale/buy out, we have discussed and we are prepared to do that when the time comes...

No, I cannot pay him off...i can afford the outstanding mortgage but not additional borrowing currently on my sole income.

I thought we don't have to ask consent but he's insistent as his name is on the mortgage, even though he's not contributing financially. Trying to get legal advice but getting an appointment seems to be tricky...so wanted to know from your experiences in the meantime, I really appreciate your input

OP posts:
Chocobuns · 22/11/2024 19:15

I've been told I need an occupiers consent form?
What is it? Is it done by the bank or solicitor? I have no clue 🤷‍♀️

OP posts:
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