Mesher Order

Olliejoe

Can anyone offer me any advice please i’m Totally lost and confused. Basically I left an abusive marriage (mental abuse) after 15 years back in 2010. I was forced out of our jointly owned home and was sofa surfing for a while until I found a place to private rent (with help from benefits) I was only earning £550 pcm. I could not afford a solicitor so my ex-husband got the house and the children. 8 years on I have settled down and have a young daughter with my new partner but having been private renting ever since my divorce. Basically I had no choice as to sign all the relevant paperwork as my ex-husband kept texting me and harassing me to do it. Apparently there is a Mesher order ( Deeds and mortgage were transferred over) in place but it’s very complicated. It states that when my youngest son turns 18 or in full time education it can be triggered but then it also states that if any of my children are in full time education or training upto any age then it can’t be triggered. My youngest son left his dad at 17 and came to live with me but my eldest son has special needs and attends college and could be there until his 25! (He’s 21 in a couple of months). I know I should have had this checked by a solicitor but I was left homeless, and on a debt management plan as the ex literally dragged me in the bank to get a loan. I’m now so confused as i’d Like to buy a house with my new partner but without the 50% equity that i’m due from the sale on my old home I can’t do it.

G_M

Olliejoe wrote: »

Basically I had no choice as to sign all the relevant paperwork as my ex-husband kept texting me and harassing me to do it.
????:eek:???


Apparently there is a Mesher order ( Deeds and mortgage were transferred over) in place but it’s very complicated. It states that when my youngest son turns 18 or in full time education it can be triggered but then it also states that if any of my children are in full time education or training upto any age then it can’t be triggered.

My youngest son left his dad at 17 and came to live with me but my eldest son has special needs and attends college and could be there until his 25! (He’s 21 in a couple of months).
Is your eldest 'in full time education'?

I know I should have had this checked by a solicitor but I was left homeless, and on a debt management plan as the ex literally dragged me in the bank to get a loan. I’m now so confused as i’d Like to buy a house with my new partner but without the 50% equity that i’m due from the sale on my old home I can’t do it.

http://www.familylawweek.co.uk/site.aspx?i=ed89289

Olliejoe

Thank you for your reply. My son is classed as being at full time college as he attends over 12 hours a week in a special unit.

Beardmidget

I think you need to see a solicitor. It’s a bit complex because it involves a bit of land law and a bit of conveyancing. I’d normally suggest you take advantage of the free 15mins (or whatever it is) at the CAB but it’s a bit specialist and you wouldn’t want to get it wrong.

My personal gut feeling is that it will hinge on the wording of the order. My understanding is that orders were typically constructed to protect the YOUNGEST child until they reach 18 or finished full time tertiary education. Your elder son doesn’t necessarily fulfil either of those requirements (and the education he does receive may be ‘full time education’ for the purposes of council tax/benefits etc but may not be interpreted as such in this context.), so it seems at least possible that this may not be the obstacle you believe it to be. (assuming you’re happy that going ahead and selling the house is OK with respect to your son, whom I assume you either intend to house yourself or believe there’s a viable plan b for him and his dad?)

00ec25

Olliejoe wrote: »

Can anyone offer me any advice please i’m Totally lost and confused. Basically I left an abusive marriage (mental abuse) after 15 years back in 2010. I was forced out of our jointly owned home and was sofa surfing for a while until I found a place to private rent (with help from benefits) I was only earning £550 pcm. I could not afford a solicitor so my ex-husband got the house and the children. 8 years on I have settled down and have a young daughter with my new partner but having been private renting ever since my divorce. Basically I had no choice as to sign all the relevant paperwork as my ex-husband kept texting me and harassing me to do it. Apparently there is a Mesher order ( Deeds and mortgage were transferred over) in place but it’s very complicated. It states that when my youngest son turns 18 or in full time education it can be triggered but then it also states that if any of my children are in full time education or training upto any age then it can’t be triggered. My youngest son left his dad at 17 and came to live with me but my eldest son has special needs and attends college and could be there until his 25! (He’s 21 in a couple of months). I know I should have had this checked by a solicitor but I was left homeless, and on a debt management plan as the ex literally dragged me in the bank to get a loan. I’m now so confused as i’d Like to buy a house with my new partner but without the 50% equity that i’m due from the sale on my old home I can’t do it.

in amongst the wall of text it is unlikely that an internet forum is the place to look for answers because we cannot see the exact wording of the order nor do we know the full facts of your circumstances.

if your child has special needs then presumably your ex ensured that those needs take precedence since someone has to look after the child and it isn't you, Special needs could mean 21 in years and 6 in mental age, even if he is at college?

bouicca21

It's a family law specialist that you need. They will have lots of experience of Mesher orders as they were once quite common.

Olliejoe

Thank you for your reply. My son is on the Autistic spectrum but holds down a volunteering job as well as college an a sponsored internship with Greater Anglia so he is capable of doing things independently. I would be more than happy to have him with me. I know my ex will play on his special needs but he has left him on his own a lot due to him working. I’ll definitely look into the CAB as I think it’s now time that I should be able to settle down in one place and not having to keep moving with a 5 year old especially now she’s established at school. We’ve moved 3 times in 5 years due to having short hold tenancy agreements.