mesher order...

[Ihatefootball]

Does anyone have any experience of these and how they work, please?

[EarthWindFire]

They are a charge on property that is to be realised at certain trigger points.

[Ihatefootball]

I don't really know what a charge on the property means! Who pays what? Does it mean each continue to pay half? Can it be enforced if my stbxh doesn't want to do it!?

[EarthWindFire]

If this is a divorce case it basically means that the person that no longer lives there is legally entitled to a % of the sale of the property (decided by the parties involved or court) upon certain trigger points.

Trigger points are usually when children reach 18 or leave secondary education. The party occupying the property cohabits or remarries etc.

When these trigger points are reached the property has to be sold and each gets their agreed %

No it doesn't mean both pay half. It is nothing to do with who pays the mortgage. The paying of the mortgage is usually the responsibility if the person residing in the property as they have exclusive use of it.

There are other options to Mesher orders such as selling the property instead.

Of you can't agree amongst yourselves or through mediation them you will need to go to court. A judge may or may not decide to order a Mesher order.

[worridmum]

be warned tho with mesher orders could be costly to the person staying in them as the NRP will more likely be entitled to 50% of the value at time of sale than the 30% - 40% which is more normal if house is forced to be sold at time of divocre

As my friend found out (her house skyrocketed in value 10 years after the divoce raising from value of £120 to finally being sold for £650k) she was thinking she would only have to give her EX £30k-40k that was the value at the time when they divocred and was shocked when she had to hand over £300k and his legal costs as she decided to attempt legal action because she was only prepared to give him the orignal value of the % at time of divorce and judge took great expection to her sheer greed and grabbyness

[EarthWindFire]

You are correct it is at the time if the sale. This is because the person may not be able to realise their share for many years and will not be benefitting for those years.

That is why depending on age etc it is better to sell the property and share at the time of the financial remedy and not many years down the line.

[Ihatefootball]

Thank you. It is tricky though. I can't afford to buy a house, nor get a mortgage as I have a self employed part time job. I can't figure out what would be best as there is not much equity in the property.and my dc are young.

[EarthWindFire]

It is hard, but you would be expected to cover the cost of running the house if you stayed. Unless your stbx is a very high earner and could afford to run two properties then it is likely that it may have to be sold.

[STIDW]

The overall circumstances are important. You really need advice from a family solicitor who has all the relevant facts to find out where you stand and what options there are. A Mesher might not be appropriate because the children are still very young and there are many years before they reach maturity. Depending where you live you may be able to access some free advice from a law clinic if you are on a low income.

[Ihatefootball]

Thanks for that. After a good old row today, we have sat down and discussed what the house costs are and whether or not i could afford them . I actually think i could , with child, working, and tax credits to supplement my income the house would be affordable i think.
The problem is now, he is on a major charm offensive, saying he wants to give it another go and has hoovered for the first time of eight years living in this house.

[Collaborate]

A mesher order is less likely to be made the less equity is in the property.

I echo STIDW's words. Get your advice from a lawyer, not from these message boards. The best we can do here is identify whether you need that specialist bespoke advice.

[Ihatefootball]

Thanks!

[LineRunner]

I borrowed some money and gave it my ExH to buy him out of any interest in the house in the future.

He couldn't snatch it out of my hand quick enough.