A Mesher order is a court order that deals with the family home after a divorce. It is essentially an order for a deferred sale, with the property remaining in the couple’s joint names until a trigger event occurs. It takes its name from Mesher v Mesher and another [1980] 1 All ER 126, a Court of Appeal case decided in 1973 in which the wife was allowed to stay in the former matrimonial home with the child until the child reached 17.
In legal terms it is a settlement of property order under Section 24 of the Matrimonial Causes Act 1973, creating a trust of land. It is available only to married couples and civil partners divorcing or dissolving a civil partnership in England and Wales.
Common trigger events are:
- The youngest child reaching 18 or finishing full-time secondary education
- The children no longer living with the parent who stayed
- The remarriage of the spouse living there
- That spouse cohabiting with a new partner, usually for a set period such as six months
- That spouse choosing to move out, or dying
- A fixed date, or further order of the court
Not sure whether a Mesher order fits your situation? Our family solicitors will tell you in a free 30-minute conversation, no obligation. Speak to a family solicitor by requesting a free call back.
How does a Mesher order work?
Until the trigger event, one spouse lives in the property to the exclusion of the other, even though both remain legal owners and usually both stay on the mortgage. When a trigger event takes place, the property is sold and the equity is divided in the shares set out in the order.
Those shares are fixed when the order is made, not when the property sells, and they are frequently unequal.
Who pays the mortgage during a Mesher order?
There is no automatic rule, which is why it needs writing into the order. In practice the spouse living there usually pays the mortgage, utilities, council tax and day-to-day upkeep, because they have the benefit of occupying it. Larger repairs and building insurance are more often shared in proportion to each party’s equity share.
The point people often miss: both names usually stay on the mortgage, so a missed payment damages both credit files. Because both parties remain liable to the lender, it is important that the order clearly explains who pays what and how any missed payments will be dealt with.
How likely is a Mesher order?
Mesher orders only occur when housing needs cannot be met any other way, with the children’s welfare as the primary consideration. They become more likely when children are young, one party has limited mortgage capacity, equity is low and house prices are high.
Although not common, they can be a practical way of preserving a child’s home environment until a future event makes meeting everyone’s housing needs easier.
What are the advantages of a Mesher order?
- The children stay in a familiar home and school
- The parent with day-to-day care does not have insecure housing because of an inability to secure a mortgage
- Both parties keep a share in a rising asset (rather than potentially crystallising a loss)
- It buys time for circumstances to change, such as a return to work
What are the disadvantages of a Mesher order?
The main disadvantage is ongoing financial entanglement between two people who have divorced. The non-resident spouse receives their equity only on eventual sale, which can prevent them from buying elsewhere in the meantime.
Beyond that, costs have to be anticipated years ahead; the resident spouse may feel restricted in moving on, their relationship status becomes relevant to when the house sells and the deferred share may not be enough to rehouse on when eventually does.
Any potential tax implications also need to be considered.
Can I refuse a Mesher order?
You cannot be made to agree to one. Agreement is voluntary, and if you and your spouse cannot agree, either of you can apply to the court, and a judge will decide whether to impose one.
Refusing has consequences worth weighing. If the alternative you propose leaves the children without adequate housing, the court is unlikely to prefer it, and you may end up with an imposed order on worse terms than the ones you turned down. Negotiating the trigger events and the equity shares is usually the sensible position if a Mesher order cannot be avoided
How much does a Mesher order cost?
There is no separate court fee for a Mesher order. It is not a standalone application: the terms sit inside a financial consent order, or a financial remedy order if the court has to decide.
An application to the court for approval of a consent order currently costs £62, while an application for a financial remedy order costs £321.
How do you get a Mesher order?
Where you both agree it suits your circumstances, your solicitors draft it into the financial settlement and submit it to the court as a consent order. A judge checks that it is fair and seals it.
Where you do not agree, either of you can apply for a financial remedy order. The court hears both positions and decides, with the welfare of any child under 18 as its first consideration.
Can unmarried couples get a Mesher order?
No. A Mesher order can only be made in divorce or dissolution proceedings, so it is not available to unmarried couples, however long they have lived together.
That does not leave you without options. An unmarried co-owner can apply under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA) for a declaration of their beneficial interest and, in some circumstances, for a sale to be postponed while children are housed. It is a harder route with a different legal test. See our guide to unmarried couples owning property together.
Mesher orders and Martin orders: what is the difference?
Both defer the sale and both create a trust of land. The difference is who they are for.
A Mesher order is child-focused. The sale is deferred so the children can be housed, and the triggers are first and foremost tied to their age or education.
A Martin order is spouse-focused and is used where there are no dependent children. It gives one spouse the right to occupy the home for life, or until they remarry or cohabit, with the other receiving their share only then. It often suits cases where the non-resident spouse has no immediate need for capital.
Frequently asked questions
What if my ex refuses to sell when the trigger event happens?
You can apply to the court to enforce the order. The court can order the sale and, if necessary, authorise someone else to sign the paperwork. Raise it promptly, as delay could cause additional complications.
Can I charge my ex rent while they live in the house?
Generally no, unless your ex stays in the property after the date of a trigger event.
Does a Mesher order affect Universal Credit?
It can depend on whether you are living in the property or retaining a share in it.
Can a Mesher order be changed later?
The terms can be varied by agreement or the court can vary the terms on application but it cannot change the settlement that underlies them.
Our solicitors are here for you
Mesher orders can be very complex and won’t be suitable for every divorcing couple. It is therefore vital to understand whether they would be right for your circumstances and, if so, how a specialist family law solicitor can help.
If you need advice on Mesher orders, our family law solicitors will work with you to provide tailored advice on your situation and the steps that need to be taken, ensuring that everything is laid out in as straightforward a manner as possible.
To take advantage of your free 30-minute consultation with an expert local family law solicitor, call 0800 321 3832 or complete our quick online form.
Richard England
Divorce and Family Solicitor Sutton Coldfield
This article is general information about the law in England and Wales and is not legal advice for your situation. Written by Richard England, divorce and family solicitor with Woolley & Co, based in Sutton Coldfield near Birmingham. Woolley & Co is authorised and regulated by the Solicitors Regulation Authority, SRA number 563859.
Last reviewed: 20th October 2026
