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    • Netts71
    • By Netts71 12th Mar 17, 1:49 PM
    • 10Posts
    • 1Thanks
    Help with Mesher Order
    • #1
    • 12th Mar 17, 1:49 PM
    Help with Mesher Order 12th Mar 17 at 1:49 PM
    Hi, my husband divorced his ex-wife about 9 years ago. He wanted a clean break agreement but as they had 2 children together & his ex was only working part-time the house was transferred into her sole name & a Mesher order was put in place with the usual triggers.

    In Sept last year one of the trigger factors was reached (youngest over 18 & left full time education). My husband has contacted his ex several times asking what her plans are to release his 35% share, after a few weeks she replied that she would need to sell the property.

    To date (6 months since the trigger factors were reached) nothing has moved forward. The ex hasn't put the property on the market & is now ignoring his texts/letters asking for updates.

    He's not sure of his rights (or even if he has any) to ensure the matter is resolved! Any suggestions/help gratefully received!

    Also, could anyone tell us if he would be liable to tax on his share - I've read lots of complicated & conflicting advise from various different websites... feeling a bit lost with it all!!

    Many thanks
Page 2
    • Braindeadmumof3
    • By Braindeadmumof3 9th Jul 17, 9:27 AM
    • 1 Posts
    • 1 Thanks
    Mesher order
    Just seen your posts.
    I have a mesher order attached to me having no real choice but to stay in the ex marital home with 3 children. 2 x 5 yr olds and a 10 yr old
    I was left with an unfinished extension no heating doors nothing signed off by planning a mortgage if 120k. Ex stopped paying mortgage 3 months after he left. Thank god fir rax creduts.. I couldn't of survived in tgexearly days without them.
    Ex took me to court as he wanted the house sold it was in no condition to sell other than to a cash buyer and well under what it shoukd be. So anyway estate agent valued it at around the 224. At this time I was only working 13 hrs in min wage.
    The judge in 1st hearing wanted me to have house and him keep his pension. Ex wouldn't agree. 2nd hearing judge came up with 65 /35 mesher order with me trying to get the mortgage in my name. It took a while as was made redundant and finally after a while I had 3 jobs and could get it in my name.
    Barrister told me how it works: I will get the I pay off the mortgage minus the interest and any work I have done I will get back on top off the equity so ex % works out at 15.9% of the gross.

    Have to admit dreading when the time comes to sort it out I hate every minure of this.
    • Primrose
    • By Primrose 10th Jul 17, 2:44 PM
    • 7,958 Posts
    • 28,038 Thanks
    Yes I,m afraid your partner will have to pay capital gains tax on his share if the equity when the house is sold it,s not his prime reside. I suppose he could always try moving back in again u to, the hiuse is sold to avoid this but even if this would save the tax Indiubt any if the parties involved would wish this to happen.
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