Dividing assets after a divorce can be complicated, particularly when it comes to the family home.
In some cases, a Mesher Order may be issued, allowing one party – usually the primary caregiver of the children – to remain in the home until a set trigger event occurs. But who is responsible for paying the mortgage under a Mesher Order?
In this article, we will explore how Mesher Orders work, who pays the mortgage and what options are available to both parties. If you are concerned about property rights after a divorce, our divorce solicitors in Harrow, Canary Wharf and Piccadilly Circus can provide expert guidance tailored to your situation.
What Is a Mesher Order?
A Mesher Order is a court ruling that postpones the sale of a jointly owned home following a divorce or separation. Instead of selling the property immediately, the resident parent and children are allowed to remain in the home until a specified event, such as:
- The youngest child turning 18 or finishing full-time education.
- The resident parent remarrying or entering into a long-term cohabitation.
- The agreement of both parties to sell the property.
This type of order is designed to provide stability for children, ensuring they can remain in the family home until they reach a certain level of independence.
Who pays the mortgage under a Mesher Order?
The responsibility for paying the mortgage under a Mesher Order depends on various factors, including financial arrangements between the divorcing parties and any agreements made during the divorce settlement.
Typically, mortgage payments fall under one of the following scenarios:
1. Joint mortgage responsibility
In many cases, the mortgage remains in both spouses’ names, meaning they are both legally liable for repayments, even if one party no longer resides in the home.
This means that:
- The non-resident parent may continue contributing to the mortgage to ensure their children’s stability.
- The resident parent may take over full responsibility for payments if they have sufficient financial means.
- If payments are not met, both parties’ credit scores could be affected, leading to financial complications.
2. One spouse covers the mortgage
Depending on the financial settlement, one party may assume full responsibility for paying the mortgage. This often occurs when:
- The resident parent is financially stable and agrees to cover the mortgage costs.
- The non-resident parent pays spousal or child maintenance, which includes covering the mortgage payments.
3. Mortgage payments are split
In some cases, both parties may contribute proportionally towards the mortgage based on their financial circumstances. This might be agreed upon in a financial settlement or a court order, ensuring fairness while maintaining stability for the children.
4. Spousal or child maintenance includes mortgage contributions
If one party is financially dependent, the court may order the non-resident parent to pay maintenance that contributes towards the mortgage.
This ensures that the children’s living situation remains stable while avoiding unnecessary financial pressure on the resident parent.
What happens when the Mesher Order ends?
Once the trigger event outlined in the Mesher Order occurs, the property is typically sold and the proceeds are divided between the former spouses according to the financial agreement. The sale of the home may follow these steps:
- Both parties receive a pre-agreed share of the proceeds.
- The resident parent may buy out the other party’s share if they can secure a mortgage in their own name.
- The property is placed on the market, and the proceeds are split as per the original financial settlement.
If financial disputes arise, seeking help from local divorce solicitors can help navigate complex property division issues.
Pros and cons of a Mesher Order
A Mesher Order has benefits and drawbacks that must be carefully considered:
Pros:
- Provides stability for children by allowing them to stay in the family home.
- Offers financial flexibility, preventing the immediate need to sell the property.
- Can be beneficial for the lower-earning spouse, allowing time to secure future finances.
Cons:
- Delays financial independence as the ex-spouses remain financially linked.
- The non-resident parent remains liable for mortgage payments without living in the home.
- If property values drop, the final asset division may be affected negatively.
Seeking legal advice on Mesher Orders
If you are navigating a divorce and are unsure about mortgage responsibilities under a Mesher Order, seeking legal advice is crucial. Osbourne Pinner Solicitors can provide expert legal support on financial settlements, property division and family law disputes.
We offer a free 30-minute consultation to discuss your case and help you secure the best financial outcome, whether you’re seeking no-fault or fixed-fee divorce solicitors in the UK. Contact us today via the form below, call 0203 983 5080 or email [email protected] to book your consultation with one of our top divorce lawyers in London.
