Anybody got a mersher order?

[doozledog]

I has anybody got a mersher order who can tell me what i need to do to get one?

I think you might mean a Mesher order (preventing sale of the family home after divorce before a trigger event such as child reaching 18, remarriage/cohabitation).

If so, your solicitor can effectively draft it in to your agreement or if disputed by ex, you can apply to the family court for an order.

Just be aware that the courts are not keen on approving Mesher orders these days. They are much more likely to stipulate a clean break. The only person I know who has received one only got it because both her children have ADHD/autism diagnoses and needed housing stability and the father was a high earner.

The article below is quite clear on Mesher Orders, and I think it’s a good one because it also considers pros and cons.

I don’t think you’ll be able to get a Mesher Order without at the same time submitting your Consent Order - so all the financials. Where are you in the divorce process?

I saw on your other thread that you have one 6 year old and very little equity - I’m not sure you’d find the court willing to tie your XH to this mortgage for a long period. But a solicitor will give you better advice than me!

You also said that you can’t afford the mortgage variable rate increase. A Mesher Order can force him to stay on the mortgage, but it won’t force him to apply for any mortgage rate that you want. You’ll need to be very specific with your solicitor about what you want.

A Mesher Order won’t force him to pay half the mortgage (it’s common for it to be the occupying person who makes the payments) and it won’t force him to re-mortgage to your chosen product. That all has to be negotiated.

www.crispandco.com/site/library/legalnews/mesher-orders-what-will-happen-to-family-home-after-divorce

Thanks everyone.

God i don't know what to do.

No even divorced, not even been notified.

What do you mean, not been notified?

Do you mean you’re waiting for him to divorce you?

Have you spoken to a solicitor about your overall position to see if a Mesher Order is likely to be allowed? (that’s if it’s even a good idea for you)