Mesher order

[MrsT1704]

Hi,

Im hoping some of you could settle this for me.

Currently going through divorce and we have agreed that I will stay in the marital home with the kids until the youngest is 18.

I asked the solicitor about this during thr free consultation but did not get a clear answer.

My question is, can I stay in the house as long as I can afford it?

I am asking because mortgage advisor said I could not remortgage in my name because on my wage I could not afford it due to the increased equity in the house.

Thank you

Also, wondered whats the difference between mesher and chargeback?

I don't know what chargeback is, sorry.

I think answer is Yes and no... The mesher order only comes into effect if your stbX decides to enforce it. No judge would grant a "you can stay forever" order because it wouldn't be fair to your stbX. However, your stbX could decide not to enforce the order about selling up at a certain point, like when your youngest reached age 16.

The previous answer isn't entirely correct.

A Mesher order sets factors that will trigger the sale of the property such as the youngest reaching the age of 18, or you remarrying/cohabiting. A sale cannot be forced unless one of the trigger events has happened. You both stay on the mortgage and both continue to own the property jointly, usually as tenants in common. The order will specify who receives what when the property is sold.

Charge back is similar but involves removing your husband from the mortgage and deeds. Instead, his interest would be secured by registering a charge against the property. As you cannot remortgage in your own name this is not an option for you.

When your husband consults a solicitor, he is likely to be advised that any option that keeps him on the mortgage could make it harder for him to get his own mortgage if he wants to buy a property for himself. However, if he is happy to wait for his money and stay on the mortgage, and you keep up the repayments, you should be able to stay in the house.

@prh47bridge Thanks for clarifying that. The solicitor that I spoke to today said the priority would always be stability for the kids and thankfully he is in agreement with this.

That makes a lot more sense with the chargeback. Thank you so much.