Mesher order

[4piecesofCheeseontoast]

Is a mesher order worth it or is it full of potential problems?

I'll be able to afford to stay in my family home as I work part time abs I'm entitled to UC. However, in concerned about what legal rights my XH would have, if I understand correctly he would have a stake in the house and it would have to be sold when my youngest turned 18, but can he move back in if he wanted to? Can he force a sale before that?

Or is it just better to sell the house and use that money to rent until I'm back below the threshold to be entitled to UC and housing benefit again?

There's probably about £40, 000 equity in the house and we've always paid 50/50 except I put down the deposit. I have 2 DC under 4 who are both living with me.

I just can't decide what to do for the best. I think realistically ill end up renting as it'll cut ties but I just don't know.

This is too complicated. Go and see a solicitor and get proper legal advice. A message board is not the place for such bespoke legal advice that will have a profound effect on the rest of your life.

If you both joint own the property (on the title deeds) he is entitled to stay in the property. He cannot oust you out either. Neither can he force a sale, not least when children are involved.

You need a solicitor to help you negotiate what is best for the children (first and foremost), and what is best for you.

He also needs legal representation.

A mesher order may be a solution to help house your children should you, or him, be unable to do this dependently (i.e. on your own)

He cannot oust you out either. Neither can he force a sale, not least when children are involved

This is misleading. The court certainly has the power to force a sale whether or not there are children.

Also, a Mesher order would give OP exclusive occupation so H would not be entitled to stay in the property if such an order is made.

The courts can decide what they like. Thats what they are there for when neither side can agree.

In regards oust I meant neither home owner can stop the other having legal right to stay in the property until the law decides otherwise. Changing the locks, for instance, gives you the legal right to call the police. In fact if you break into your own home it is not against the law either but normally best call the rozzers

Also, in regards the OP, you mention mesher order as if its your choice lol. Both younand your partner need to get legal representation and negotiate until you agree. Hopefully court will be avoided to save you both lots of money

In fact if you break into your own home it is not against the law either but normally best call the rozzers

Again quite wrong. Look at the Criminal Law Act 1977. s6. You're not a lawyer - you are someone who has recently instructed a lawyer to advise you on your own family law case. Unless you know what the law is perhaps it's better not to take a guess.