A Mesher order postpones the sale of the family home after divorce until a future trigger event, giving children stability while both parties keep a financial interest in the property.
A Mesher order is a court order that delays the sale of the family home after divorce until a specific future event, known as a "trigger event," rather than requiring an immediate sale. The property stays jointly owned in the meantime, and one spouse — usually the one caring for the children — keeps living there. Both parties still get their agreed share of the sale proceeds, but only when the trigger event happens.
The order takes its name from the 1980 Court of Appeal case Mesher v Mesher, which allowed a mother to remain in the family home with her child until the child turned 17. It is technically a settlement of property order made under section 24(1)(b) of the Matrimonial Causes Act 1973, and it creates a trust of land under the Trusts of Land and Appointment of Trustees Act 1996. A Mesher order is only available to married couples going through divorce — it is not an option for unmarried, cohabiting couples.
Mesher orders are most likely where all of the following apply:
Courts have become more cautious about making Mesher orders in recent years, partly because they keep both ex-spouses financially tied together long after the divorce is final, which can create its own problems.
The order will set out specific trigger events, either agreed between the parties or decided by the court. Common triggers include:
Whichever triggers apply, they need to be written into the order precisely — vague trigger wording is one of the most common sources of future disputes.
The order should set out clearly who pays the mortgage, insurance, and maintenance costs while the sale is deferred. Usually this falls to the party living in the property, but this is negotiable and needs to be specified rather than assumed. Because both names typically remain on the mortgage and the title, missed payments will affect both parties' credit records, not just the occupying party's.
A Mesher order can provide real stability, but it comes with real costs on both sides:
Yes — a similar arrangement without a fixed end date, known as a Martin order, is sometimes used where there are no dependent children but one party still needs housing security, for example allowing them to stay until they remarry, cohabit, or die, rather than tying the trigger to a child's age.
If you and your ex-spouse agree that this is the right approach, it can be included in a negotiated financial settlement and set out in a consent order for the court to approve — see our guide on what is a consent order and do I need one. If you cannot agree, either of you can ask the court to consider a deferred sale as part of a contested financial remedy application, which will usually go through a First Appointment and Financial Dispute Resolution hearing before reaching a final decision. See our guide on what is a First Appointment and how do I prepare.
Working out whether a Mesher order is right for your family, and getting the trigger wording precise enough to avoid future arguments, is difficult without legal support. Access to Justice is built for people navigating exactly this kind of decision — it explains what's happening at each stage and helps you prepare. Try it free.
Can a Mesher order be changed once it's made?
It is possible to apply to vary the terms of a Mesher order in limited circumstances, but this is not straightforward and generally requires a significant change in circumstances. It is not something to agree to lightly, assuming it can easily be undone later.
Does a Mesher order mean I keep 50% of the house?
Not necessarily. The order sets out whatever split of the eventual proceeds has been agreed or decided by the court — this could be 50/50, or a different split reflecting each party's contributions and needs. Whatever the split, each party only receives their share once the trigger event happens and the property is sold.
What happens if the person living in the house can't afford the mortgage alone?
This should be addressed in the terms of the order itself, including who is responsible for shortfalls. If it becomes unworkable, either party may need to apply back to the court. Because both names typically stay on the mortgage, missed payments affect both parties' credit records, not just the occupying party's.
Is a Mesher order available to unmarried couples?
No. It is a type of settlement of property order made under the Matrimonial Causes Act 1973, which only applies to married couples and civil partners going through divorce or dissolution. It is not an option for unmarried, cohabiting couples, who would need to take separate legal advice.
Will I face Capital Gains Tax implications from a Mesher order?
Potentially, particularly for the non-occupying party if they buy another property during the deferral period. Principal Private Residence relief rules can be affected. This is a genuine reason to get tailored tax and legal advice before agreeing to this arrangement.
How long do Mesher orders usually last?
There's no fixed length — it depends entirely on the trigger event agreed or ordered. Where the trigger is a child's 18th birthday, this could easily run for ten years or more from the date of the order. Whatever the trigger, it needs to be written into the order precisely, since vague wording is a common source of later disputes.
What's the difference between a Mesher order and simply agreeing to sell the house later informally?
An informal agreement is not legally binding and gives neither party certainty or enforceability. A Mesher order is a court order — recorded in a consent order the court approves, or imposed after a contested hearing — which means it can be enforced if one party doesn't cooperate when the trigger event arrives.
This article provides legal information about Mesher orders in England and Wales. It does not constitute legal advice. For advice about your specific situation, speak to a qualified solicitor.
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