Comments on: Mesher Orders and Martin Orders: What You Need To Know

By: pam

pam — Tue, 24 Apr 2012 13:32:16 +0000

hello im nearing the end of my divorce im living in the home with my 12 yr old daughter i have since met somebody and we wish to live in the home and we pay my ex his share of the equity but he wants a mesher order to be in place till my daughter is 18 … if me and my new partner wish to pay him off do i need to go through with mesher or can my ex delve into all my new partners finances which we dont want this to happen … or should i just do the mesher then triggar it more or less straight away ??

By: Antony

Antony — Tue, 27 Mar 2012 20:08:00 +0000

Marilyn,
I’m a divorced father of 3 boys who is being made to feel guilty for harming my children’s happiness in my former home where my ex wife currently lives with her partner.
Since mid 2006 I’ve had a 1/3 legal charge share secured to my former marital home which is mortgage free. This is to be paid to me “the husband” on the occurrence of the standard trigger mechanisms..
Remarriage,cohabitation,youngest child reaches 18,voluntary sale,death and voluntary vacation.
Almost immediately after the hearing her partner moved in and have enjoyed the fruits of a rent free home with a comfortable lifestyle also.
I have without prejudice paid my child support every month and do not shy away from the responsibilities I have to my children. I have overnight contact twice a week and also 1day after school at my home to guide and support them with their schooling, and the results are the proof of the pudding. Well balanced and polite children.
However, she does not work and he works part time, when I raised the question over closure on the home between us she then told me was pregnant with his child and have now had another since. Since the settlement was completed I could only afford a shared ownership part buy part rent property which is two bedroom and only on a 15000 salary u could imagine my finances are tight after paying my bills and csa payments but still I carry on. I’m now lucky enough to have met a truly wonderful woman who adores my boys. We have since had a little boy and we all share our home together when my children are over and the cramped space is ridiculous. We have discussed to them a reduced amount for them to pay us so we can get a bigger home but they simply say we will move away and take the boys with us, I’m made to feel guilty for upsetting my kids as they are told I’m making mum force the sale of the home!
As she’s had kids with this man does it in anyway risk my court order

By: Dave Cee

Dave Cee — Tue, 17 Jan 2012 16:53:18 +0000

Hello. My wife has decided she wants a divorce, citing intolerablre cruelty (we have nothing at all in common and she now doesn’t love me). She has told me she will get a Martin order as we have 2 girls aged 5 and 3. Is there a set amount I am supposed to pay to keep my interest in the house. We agreed not to sell the house as the equity would be too small for both of us. I am disbled with MS, which will only get worse. Is a Martin order the best way, as we are still friends, although I have slept on the sofa for the past 3 months? I need to get out, and I’m currently trying to gain financial assistance from my employers. She is working part-time and contributes to the joint account – I pay for everything.

Many Thanks

By: turquoise

turquoise — Wed, 11 Jan 2012 13:09:25 +0000

I don’t know what to do, it’s my husband who owns the house. We have been married for 4 years (in march). I don’t have any assests, he has a decent pension as well. He wants to settle out of court and keep the house, but thats doesn’t seem good enough for me as I am not sure I would be able to get a mortage.

By: Marilyn Stowe

Marilyn Stowe — Thu, 05 Jan 2012 07:52:55 +0000

David
The order should state when the property is to be sold and how the proceeds are to be divided up. You should be entitled under the order to apply for a sale on the first trigger event if your ex wife is not cooperating.
Remember if you have bought another property in the meantime you may be liable for Capital Gains tax.
I would suggest you take legal advice and have the order fully explained to you, how it is intended to work in practice and when is the earliest time you can expect to be paid.
I dont know whether the property was ordered to be transferred to your ex wife subject to your charge. You need to check in either case whether the formalities were completed with the Land Registry and the Building Society to protect your interest.
Best wishes
Marilyn

By: david

david — Wed, 04 Jan 2012 22:26:00 +0000

Hi, I am in a mesher contract with my ex wife. She has 75% and i 25% of the property, the mesher was taken out 5 years ago. Even as she is paying the mortgage, and say in 10 years time she has still not given me my percent and then sells. Would i still be entitled to 25% od the equity as agreed even though the cash value will be a lot hihger as the loan has gone down ?

Cheers

By: Graham

Graham — Tue, 11 Oct 2011 13:31:14 +0000

Must take issue with. Argue for all of the home or equity plus maintenance. Seems too harsh on the man chucked out.

By: Marilyn Stowe

Marilyn Stowe — Tue, 11 Oct 2011 05:17:20 +0000

Hi Dawn
Thanks for the enquiry but there is insufficient information to advise you.
Please call Paul Read at my office to arrange a telephone conversation FOC.
01423 532600.

By: Dawn

Dawn — Mon, 10 Oct 2011 19:28:59 +0000

Hi
I am trying to reach a solution to our divorce with the finances but am struggling to grasp what is fair and right. I left my husband taking our 2 young kids. He stayed in the matrimonial home as he had a brain op and suffers mentally with change. after a year we still haven’t agreed the financial split. I thought the house was going to be sold but now he wants to withdraw. He can’t get a mortgage as he doesn’t work but I want my name off the mortgage and my equity out the house. I also think there should be some financial contribution towards the children? Recently i have been offered half the equity in the house and my name off the mortgage, when we split the cash pension.savings was heavy towards him he was worth £90k me £55k which is why i think i should get more equity out the house. I want the kids to have some financial benefit from their father who won’t be working for the forseeable future therefore i was looking into a 15% chargeback being agreed so he didn’t need to find any more money to pay me off in the now, but in the future there should be something for the kids. It doesn’t sound like this is a good idea above tho, i’m now confused.

By: To vary or not to vary...

To vary or not to vary... — Fri, 19 Aug 2011 13:36:22 +0000

Really sorry to hear of some of the horror stories above. It is dreadful that people in vulnerable situations get treated so horrendously. As for an opposing barrister ‘tearing to pieces’ a terminally ill woman – words fail me. How do these people sleep at night? That sort of behaviour should not be tolerated in a courtroom.

Can I just ask a qustion on your post here Marilyn? In what circumstances would a husband be liable for Capital Gains Tax on his portion of the FMH under a Mesher Order? Is there a financial threshold that governs this?