Mesher order

Kelly_H

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TBagpuss

IT's *possible* but it's not very likely that you ex would agree - the normal provisions are for the 'trigger' for a sale to be if you remarry, or cohabit (usually if you cohabit for more than a total of 6 months in any rolling 2 month period, so you can't move someone in for 5 months, have them move out for a couple of weeks and 'reset' the clock.

It would also be rare for a mesher type order to require your ex to carry on paying the mortgage, normally they are on the basis that you are responsible for the mortgage and other outgoings 

have you looked into whether you might be able to afford a shared ownership property if you had 5060% of the current equity? hat might be a better alternative as it would mean you could have a clean break from your abusive ex, and you would likely be able to claim the housing element of Universal Credit to cover the rental element of the property, but as a part owner would have much more security than if you were renting outright. 

I'd also be cautious about rushing in to a new relationship before things are sorted, and also ask yourself how much you know about your new partner's situation and how and why they have the IVA. Sometimes debt is down to  bad luck , for instance the combination of a lost job and a relationship breakdown, but equally, it can mean that the person is simply bad at learning from experience or managing their money, and that is a red flag for moving in together - you might be better of dating but bkeeping your living arrangements ad final situations totally separate

RAS

You would need to be very careful about moving a BF on an IVA into a house which you own, part own or mortgage. And you need to be aware that the chances of him being able to get any sort of mortgage on decent terms are slim for some years after completing an IVA. Go over to the mortgage forum to talk to the mortgage advisors who help there. 

As a starting point it is possible for your BF to develop a beneficial interest in your property, even if you are the sole owner. You'd need to take specialist advice because he is on the IVA and there is a risk that he would have to release money from the capital in your house to meet the conditions of the IVA. Obviously you could refuse but then they'd extend his IVA to cover the deficit.

The normal advice to sole owners is that they do not allow their new live lover to make any contribution to the house in cash or kind, just their share of the Council Tax, utilities and household bills. 

On a different note, as a previous DV victim, you need to take a considerable time before considering having a child with a new partner. People with a tendency to DV and coercive control tend to love bomb, fast-track moving in and try to tie up the partner with babies, knowing that traps them for life.

Caz3121

Kelly_H said:

I was under the impression that my ex would continue to pay half of the mortgage, as he does now, throughout a mesher order. Is that not right? 

that would not be common, generally whoever stays in the home would be responsible for the mortgage and bills. The ex would need to house themselves elsewhere so, unless a high earner could likely show that waiting 12 years for equity whilst still being required to pay half the mortgage (or all the mortgage if you did not pay) would not be affordable.

tightauldgit

I'd be a bit wary of 'my solicitor said I can get' because quite often solicitors fill your head with magic during divorce proceedings to keep you pursuing things with them and earning fees. 

I would be very surprised if you would end up in a situation where you get to live in the house with your kids and your new partner and meanwhile your ex continues to pay half the mortgage. Would you agree to that if it were reversed? No matter how much of a XXXX your ex has been he's still got to live somewhere and pay his own bills. Unless he's very wealthy how is he supposed to do that and also fund your life with your new partner? 

silvercar

"Basically, would I be wise to continue a relationship long term with this guy due to the IVA?"

This one sentence stands out. What are your options? Reject him because he has an IVA, even though everything else in the relationship is fine?
What would then be the plan? can you afford to remain in the home without a partner? Presumably you can. Slightly worried that your search for a new partner is because you need someone to help pay the bills.

TBagpuss

Kelly_H said:

I was under the impression that my ex would continue to pay half of the mortgage, as he does now, throughout a mesher order. Is that not right? 

No. it would be open to the two of you to agree that, but normally a court would be very reluctant to make aa Mesher type order unless they were satisfied that you could afford to service the mortgage and any other outgoings on the property. Your ex would already be disadvantaged by not being able to access his share of the equity for a number of years, and being unable (or unlikely) to get a new mortgage as his name would remain on the old one. IT's very unlikely that he would also be required to effectively subsidise your housing costs.

tightauldgit

Kelly_H said:

My ex can definitely afford to pay half of our mortgage. He is adequately housed as he moved in with his new partner. She owns her own home and he pays towards her house too. He is happy to pay half of our mortgage. 
I'm not looking for a new partner to pay half of my bills at all. I'm just concerned that if we are going to live together in the future, he won't be able to get a mortgage. My ex wouldn't pay half of our mortgage if my new partner moved in. I am just wondering if he can stay on the mortgage until my new partner has finished his IVA. In the meantime, my ex is building up equity from the house but not paying towards the mortgage. 
He us also happy for me to stay in the house until our youngest finished full time school and then access his share of the equity. 
His partner owns a home by herself and so unless they break up, he is housed without needing a new mortgage. 

And if and when they do? Not an arrangement I would sign up to but other people do things I wouldn't do all the time. 

RAS

He has an obligation to pay CMS support for the three children who are living with you until they complete secondary education, essentially as long as you are entitled to claim Child Benefit.

Obviously this will be reduced because one child lives with him and if he has the others for overnight stays.

You are responsible for housing them if they live with you, towards which you can claim CMS and benefits, and obtain work income.

You seem to have a number of misconceptions about your entitlements and ex's responsibilities? Would it be a good idea if you contacted Women's Aid or CAB and asked to speak to a benefits/financial advisor knowledgeable about marriage break ups?

RAS

Kelly_H said:

His partner owns a home by herself and so unless they break up, he is housed without needing a new mortgage. 

Your ex has already had one relationship break down because of DV and infidelity. What makes you so confident that history will not repeat itself?

As for your boyfriend, what do you understand about IVAs? Your BFs income and expenditure is assessed by the Insolvency Practitioner each year to extract as much as reasonable from his income to pay his debtors. This will continue until discharge. If he doesn't have a house of his own from which to release equity, that will be delayed a year or two. He needs their permission to increase his expenditure.

His name is on the Insolvency Register which is a public record and will make it difficult for him to rent through an agency, or via many LLs. Even if his credit record will improve after 6 years, some lenders ask if the applicant has ever had an IVA. If they agree to lend, it may be at a higher rate.

elsien

Kelly_H said:

I thought that he has an obligation to house the children, until the youngest turns 18.

That’s quite a common misconception, that people have the right to stay in the house until the youngest child is 18.
Any settlement has to be fair to both of you. He may be living with his girlfriend now but if that relationship breaks down he still needs to be able to house himself. 

And technically, he could house the children by having them go to live with him. Even if there was an obligation to keep them housed, it wouldn’t necessarily be in the house you are in now. 

Expecting him to keep paying half the mortgage on the house for X number of years while you raise a family there with a new partner really isn’t particularly realistic.

Did you and the solicitor discuss any other assets that there might be such a savings, pension et cetera?