If my ex has a Mesher order on the house, ending, for example, when my younger one leaves full-time education, can I choose to pay it off earlier, if I want to?

I would be hard put to buy my ex out at the moment but probably could in a year or so if house prices dropped a bit more. So can I negotiate a Mesher order that would be due to end when my younger one left full-time education, but then decide to pay it off in a year or so when house prices start to bottom out?

Sadie

Have you approached your ex directly on this? He may think that prices may drop even further (and who knows!) and so may readilly agree to be bought out?

He is expecting to be bought out. I am wondering whether I should argue that I can't afford it and go for a mesher order, then pay it off when it would cost less to do so.

Sadie

Hi

The way things are dealt with (slowly) you could drag it out a bit, keep your eye on the market and when it starts to dip even more, which it will soon, you could then throw an offer to him.

Just dawdle around a bit. Take your time, dont commit to anything just yet.

zara

my husband's ex has dawdled for 2 years on a court order, so it can be done!!

Dawdling isn't a problem as my ex is moving extremely slowly in any case. But if the financial situation gets even worse then house prices could carry on going down for quite a while. What I am really asking, is, if I go for a Mesher order, can I unilaterally choose when I pay him off? As the payment would be ­base­d on a percentage of the value of the house, when I do it could make a difference of tens of thousands of pounds.

Sadie

Mesher orders are often worded along the lines the FMH isn't to be sold without the consent of both parties or without the leave of the court until the youngest child reaches 18, remarriage etc.

Bear in mind in many cases where a Mesher order might be suitable an alternative order such as a transfer subject to a charge might be preferable.