In this article
What happens to the marital home is an important topic for discussion in a divorce, as the property likely holds both financial and sentimental value. One of the options to deal with the family home you will be made aware of is a mesher order. But, what exactly is a mesher order, and what does it mean in reality?
If you’re going through a divorce and seek legal advice, please don’t hesitate to visit our divorce page or contact one of our solicitors directly on 020 3007 5500.
What is a mesher order?
A mesher order, also sometimes known as an ‘order for deferred sale’, is an order for the family home to remain in the couple’s joint names until a specific trigger event happens. This type of order is applicable at a divorce’s financial settlement stage.
When the trigger event occurs, the couple will sell the property, and the proceeds will be divided.
What are trigger events?
A mesher order will only be active until the trigger event specified in the order happens.
Examples of the events that trigger the end date of a mesher order are as follows:
- When children leave home.
- The youngest child of the marriage reaching 18.
- The death of the occupying party.
- The remarriage of the occupying party.
- The cohabitation of the occupying party.
Pros of a mesher order
When considering whether to get a mesher order, it’s important to know the incentives. The incentives to get a mesher order are as follows:
- Places the welfare of your children first, allowing them to remain at the same home and school.
- Avoids the simultaneous stress of going through a divorce and selling the marital home.
- Can maintain stability for the occupying party to remain in the family home while the children are below the age of 18.
- Suppose the property is currently in negative equity or located in a promising area. In that case, it’s potentially beneficial to hold out on the home’s sale.
In some instances, a mesher order is the court’s only option to accommodate both parties’ housing needs (and their children). When it comes to the division of the assets in a divorce, the court’s overarching goal is to ensure everyone has suitable accommodation.
Cons of a mesher order.
Before agreeing to a mesher order, it’s important to be aware of the potential downsides.
Some of the considerations to think about are as follows:
- The non-occupying party will have their capital tied up in the property until a later date – possibly for a significant number of years.
- A mesher order is only a temporary alleviation of the issue. It will still cause uncertainty for the future, particularly for the occupying spouse.
- A mesher order means both parties will need to keep in contact after the divorce.
- You will remain financially tied to your ex-partner after the divorce.
- The party who remains occupying the property won’t have security. In the future, they will need to leave the property, regardless of whether they want to stay.
- The non-occupying may be liable to pay capital gains tax (CGT) when the property’s sale is finalised. In this circumstance, the CGT treatment depends on a few factors. These factors include: the details of the matter, when the court made the order, what the triggers are for the mesher order. For more information on the CGT, please visit our recent article on capital gains tax.
How do I apply for a mesher order?
Suppose you and your partner agree on a mesher order during a financial settlement. In that case, your solicitor will draft the order into the financial agreement. Once the order is in the financial agreement, it will be presented to the judge to determine the conditions.
If you and your partner can’t agree on the financial settlement, then one of you would need to make an application to the court for a financial order. Following your application will be a court proceeding to sort out the financial settlement. The judge will make the final court order regarding the finances at the end of the court proceedings.
What are the alternatives to mesher order?
When it comes to the marital home, a mesher order isn’t the only option. The following are a few of the most common alternatives:
- Sell the property and split the money.
- One party buys the other out of there percentage share of the property.
- Transfer part of one party’s share into the other party’s name. The departing spouse would then own a smaller percentage of the property. In this instance, the home sale will mean the party with a share will receive their cut.
- Leave ownership unchanged. In this instance, one partner continues to live in the house, but actual ownership of the property remains shared.
Why contact our divorce solicitors in London and Brighton?
A divorce is a highly complicated procedure with many intertwining components. Our specialist divorce solicitors will help you through the process and ensure you receive the best possible outcome for your divorce. For all divorce matters, our solicitors require an initial consultation. During the consultation you will receive the following:
- Unlimited time to go through the details of your case and ask any questions you may have
- An overview of your legal standpoint and your available options
- A precise time and fee estimate for your case
If you’re looking for more information, please visit our divorce page or call one of our solicitors directly on 020 3007 5500.
Has both parties got to sign paper work regarding a meshare order
Hi Gina
Thank you for your comment. That’s a great question about mesher orders!
Perhaps we can arrange a call to discuss this?
Kind regards,
Dominic
I have a mesher order. I pay the mortgage, my ex doesn’t contribute at all. I would like to change my mortgage product as the rate has changed substantially, but my ex won’t agree to sign the paperwork although nothing changes for them at all. Where do I stand please?
When there is a Mesher order what can the occupier do about remortgaging the property in their name only and to increase mortgage to pay some money to the other party? A bank is saying the order means they can’t do that as the other party has an interest in the property. Thanks
Hey! I’m so excited my broken Marriage has been restored & my husband is back after he left me and our 2 kids for another woman. After 8 years of marriage, me and my husband had been into one quarrel or the other until he finally left me and moved to California to be with another woman. I felt my life was over and my kids thought they would never see their father again. I tried to be strong just for the kids but I could not control the pains that torments my heart. My heart was filled with sorrows and pains because I was really in love with my husband. Every day and night I think of him and always wish he would come back to me. I was really upset and I needed help, so I searched for help online and I came across a lot of testimony that suggested that DR EMWANTA can help get ex back fast. So, I felt I should give him a try. I contacted him and he told me what to do and I did it then he did a (Love spell) for me. 48 hours later, my husband really called me and told me that he miss me and the kids so much. So he came back that same day, with lots of love and joy and he apologized for his mistakes and for the pain he caused me and the kids. Then from that day, our marriage has been stronger than how it were before. All thanks to DR EMWANTA. He is so powerful and I decided to share my story on the internet that DR EMWANTA is a real and powerful spell caster. If you are here and you need your Ex back or your husband moved to another woman, do not cry anymore, contact this powerful spell caster now. Here’s his contact: Email: dremwanta@gmail.com OR whatsapp via: +2348163136916