Mesher and Other Solutions

Housing the family in two homes instead of one with the same income, is always going to mean belt tightening.

Even with additional state benefits, not payable when together, both parties will have to get used to the idea of a lower standard of living.  If there is enough money to go round a 50/50 split is great, and you go your separate ways but in practice this is rarely achievable.

The case of Mesher v Mesher provided one solution.  The judge orders the house or flat to be transferred to the person living in it, and subject to an Order that the other person has a charge on it (like a mortgage) for a percentage or a fixed sum to be paid out when the children are grown up, typically after university.

These Orders have pros and cons and expert legal advice is essential.

Sometimes the absent ex pays money direct to the mortgage company, to make sure that they get paid. Especially if his name is on the deeds, he will want to preserve his credit rating.

Getting the absent ex off the mortgage deeds is good because then he (typically he) can buy another property, but often after the financial crisis, lenders will not allow this so this has to be looked at very carefully.

Nevertheless this is one way of keeping both parties on the housing ladder, so they do not get completely set back.

If you rent it is sometimes possible to have a Lease transferred into one name e.g. from a Housing Association or Local Authority, but you have to take great care if you give up your tenancy voluntarily, as you will not get further council accommodation. You must not make yourself intentionally homeless.

As always expert advice at an early stage from a fixed lawyer is essential.

Experience shows that the most efficient and experienced fixed fee solicitors and lawyers are in London, despite such lawyers extra overheads.

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