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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33297
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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I am getting a divorce and will have a mesher order in place

Customer Question

Hi, I am getting a divorce and will have a mesher order in place to ensure equity of house is shared as agreed in 18 years time when the children leave university and the house is sold.My ex would like to remortgage so that I may be removed from the deeds and the mortgage itself. This helps with my future borrowing too.
Can you confirm please that a mesher order will not cause issues here? Can I come off the deeds? Can I come off the mortgage? Should we have considered a deferred charge order instead?Thanks.
Submitted: 22 days ago.
Category: Property Law
Expert:  Clare replied 22 days ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you

You can do this - but you need to ensure that your position is protected by getting your ex to sign and Register a Charge in your favour - this will have to be done at the same time as the Transfer

Please ask if you need further details

Customer: replied 21 days ago.
Hi,Thanks for the reply. So regarding the mesher order (along with the consent order) being submitted to court for the decree absolute, there is nothing to consider for the transfer of deeds and me coming off the mortgage?This all gets completed and then she goes to her new mortgage provider, and on conpletion of new mortgage we register a charge in my name for 40% of the equity as has been agreed?I am trying to understand timelines here and the order in which all this happens.Rob
Expert:  Clare replied 21 days ago.

The Order should provide for the Charge to be prepared as part of the process of the Transfer to your ex at the same time as the remortgage takes place

- it should all happen at the same time

Expert:  Clare replied 21 days ago.

Are you aware that the site charges extra for a phone call

Customer: replied 21 days ago.
Hi Clare,
When you say "The Order should provide for the Charge to be prepared as part of the process", do you mean that there should be a clause that states that a Charge needs to be created at the point of remortgage?".
Can you confirm that this "Charge" is different to the Mesher Order? They are 2 different things?
Thanks,
Rob
Expert:  Clare replied 21 days ago.

The Mesher Order and the Consent Order are one and the same.

In that Order there should be a clause which allows for the transfer of the property into her sole name and one which refers to a Charge being created

Customer: replied 21 days ago.
I have 2 documents. A consent order and a mesher order. Both prepared by the same solicitor.Happy to pay for a quick call to clear this up as I am confused as to what is what now. Don't want to do the wrong thing.
Expert:  Clare replied 21 days ago.

Can you send me copies of the first pages

Customer: replied 21 days ago.
Sure, first page of each here.
Expert:  Clare replied 21 days ago.

Right.

Document number two is in fact just a Declaration of Trust (actually entirely unnecessary given the existence of the Court Order)

It is a different way of dealing with the Title of the property - a Charge is a better option, but this would work as well

Customer: replied 19 days ago.
OK, understood. So we can submit both as they are and neither will cause issues with me coming off the mortgage or the deeds?I have one other question, if you're able to answer, hope its a simple one. We have a clause in the consent order as follows:
----------------------------------------------------------------
3. The applicant shall pay periodical payments to the respondent. Payments shall be at the rate of £250 per month payable monthly in advance on the 1st day of the month (commencing on the 1st day of the month after the date of this order) for the first 12 months and thereafter at a rate of £0.05 per annum payable yearly in advance by standing order. Payments shall end on the first to occur of:
a. the death of either the applicant or the respondent;
b. the respondent’s remarriage or cohabitation with another person for six months in any twelve month period;
c. the youngest surviving child of the family attaining the age of 21 or ceasing full-time tertiary education; or
d. a further order
------------------------------------------------------------I was told the 0.05p bit was to keep the order open, protecting in fact my ex, so that she may revisit the order in court if she wishes to put it up if I am earning more, and likewise, that I can force an examination of her earnings.Is this right? She wants this removed, but I have been told by my solicitor that it is very much standard. I can tip some extra on top if you can provide a rational answer both of us can understand?Thanks,
Rob
Expert:  Clare replied 19 days ago.

Which bit does she want removed?

Customer: replied 19 days ago.
The whole clause. She doesnt understand why her payments will drop to 0.05p. i have explained that i will continue paying at 250 but that the clause allows for further discussion.Can you explain the wording? Why is this here?
Expert:  Clare replied 19 days ago.

Why are you paying spouse maintenance at all?

Customer: replied 19 days ago.
Hi Clare, everything is agreed. We went through 2 years of mediation. This is the final question.What does the 0.05p payment do from a legal stand point please? Why is it used?
Expert:  Clare replied 19 days ago.

It means that after a year you no longer pay spouse maintenance - BUT if your ex experiences some disaster which means she cannot support herself then she can still ask the court to award her spouse maintenance again if they consider it fair

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