mesher order - advice gratefully received

[reluctantmpvdriver]

I have a general question about mesher orders - where the court orders that the ex wife may stays in the house until a certain time when it must be sold and the equity split. My question is: on the eventual sale of the property would the share of the equity that the ex husband be entitled to be calculated according to the value of the home and the equity in it at the time that the order was granted or the value at the time of sale? The circumstances I am contemplating is that the wife would be paying the mortgage while living there and could also pay for improvements to the house so as to increase its value.

Any advice gratefully received.

It's usually a percentage of the gross value at sale time. The fact that the wife is paying the mortgage may be offset by her having the benefit of occupation (tho' not always), and significant improvements should be paid for jointly though not necessarily 50.50 depending on the extent of the share.

The wife would usally be credited with any repayment of the mortgage capital, but wouldn't be able to force the husband to agree to, say, build a conservatory. Usually the cost of any structural repairs not covered by insurance is paid according to the percentage shares they each have in the property.

Do you find that, Collaborate? I know I had a few a while ago where there was a calculation for reduction of mtge capital, but the last couple I've done (which I actually sent counsel on so wasn't involved in the negotiations at court), haven't provided for that. Maybe a local practice thing, who knows...

IMO, Meshers are great when the children aren't that far off adulthood, not so great when the H has to wait for donkey's years for his equity.

It's certainly something the advocate at court (or the lawyer in the office) needs to consider when drafting the order, and there can usually be no reasonable objection to it. I think there's something about it in the Resolution standard precedents from 2009 (was only looking through the mesher bit of that this morning).