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Topic:
Help re Mesher Order (3 Posts)
Started By:
Date:
19 January, 2017 11:45AM
Help re Mesher Order
Ambeljazz - 19 January, 2017 11:45AM
Hi, my husband divorced his ex in 2008. The FMH was transferred into her sole name with a legal charge of 35% of the net equity put in place in favour of my husband.

The order states the following:

"1. The Respondant Husband do transfer with full title guarantee to the Applicant Wife, all his legal estate & beneficial interest in the FMH within 56 days of the date hereof.

2. Contemporaneously with completion of the Transfer recited in paragraph 1 hereof, the Applicant Wife shall execute a Legal Charge to secure against the FMH a lump sum charge of 35% of the net equity in favour of the Respondant Husband, such charge to be in the form annexed here to, provided always that such charge shall not become enforceable without leave of the Court until either:-

a) The date when the youngest child of the family attains the age of 18 years or completes her secondary education, whichever shall be the later to occur; or

b) All th children of the family vacate the FMH; or

c) The death of the Applicant Wife; or

d) The remarriage or cohabitation of the Applicant Wife for a period in excess of 6 months; or

e) The vacation of the said property by the Applicant Wife.

Whichever shall first occur or further order of the Court."

The youngest child was 18 years old in May 2016 and left full time education in September 2016 (we have letters from the CSA confirming his liability ended on the 5th Sept 2016 as no longer in full time education).

So, what do we need to do now?! Should we contact the ex and request that she puts the house on the market or raises his 35%, or should we fill in form D11 and apply to the court (or both!)?

I suspect that she won't be very co-operative in selling or raising the funds and need to know what his rights are and the quickest, least stressful & cost effective way to sort this out.

Many thanks!
Re: Help re Mesher Order
davidterry - 19 January, 2017 12:06PM
>>Should we contact the ex and request that she puts the house on the market or raises his 35%

Yes, that is what you should do. You should not make a court application until you have done this and his former wife has had a reasonable time to reply.
Re: Help re Mesher Order
Happy Single - 22 August, 2017 01:28PM
if she does not agree please consider an application to the court on from D11 - requesting enforcement of the order
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