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How to work out the % of equity for Mesher order?

  • Mummy83
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10 months 2 weeks ago #508496 by Mummy83

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  • Vigorate
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10 months 2 weeks ago #508498 by Vigorate
To get what you are seeking you need to agree in the consent order that he gets 25% of the house equity and keeps 100% of the pension and savings. This is an overall 60:40 split in your favor.

You need to get language written into the consent order to reimburse your mortgage payments while the Mesher order is in place so he only benefits from the increase in house prices.

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  • Rickoshea
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10 months 2 weeks ago #508503 by Rickoshea
As far as I’m aware a Mesher order only relates to a house so you can’t include the savings or pension unless the consent order also dictates the same split. Likewise unless they are over 55 the pension isn’t treated as though it is £12k cash and even over 55 it isn’t. It’s not just adding it together and dividing.

On paper with no more info it’s £84k/£56k split on house equity, £11k each from savings then his pension could be split 50/50 but you could possibly argue for a bit more of equity in the house/savings in exchange for not touching it but it won’t be £ for £. But too may unknown figures

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  • hadenoughnow
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10 months 2 weeks ago #508512 by hadenoughnow
Replied by hadenoughnow on topic Re:How to work out the % of equity for Mesher order?
Hi

You are right.

Add up the whole pot.

Divide 60:40

Take the sums he already has from the total

Work out what percentage of the equity from the property the residue represents to get the percentage for the deferred charge. So as you have it, 25% of equity.

You can have a clause that your capital repayments are taken into account. How her it is generally accepted that these would be seen as \"rent\" for his share of the house especially as he is having to wait for his cash.

Are you able to take on the mortgage in your sole name? Is there any chance you could raise enough to just buy him.out now? You should consider including an early buy out clause.

Hadenoughnow

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10 months 2 weeks ago #508516 by Mummy83

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10 months 2 weeks ago #508524 by hadenoughnow
Replied by hadenoughnow on topic Re:How to work out the % of equity for Mesher order?
If he earns that much more than you, how is he getting away with such a small amount of CM?

You should ask the CMS for an assessment. If he is working through his own company and disguising his true income, you could consider asking for global maintenance which combines spousal and child maintenance at a level fixed by the order.
Alternatively you could agree on no spousal maintenance but a bigger share of the assets.

I think stamp duty depends on whether you are a first time buyer. If he isn't, I imagine he will have to pay but only if he buys a place above a certain value. www.gov.uk/stamp-duty-land-tax/residential-property-rates
His mortgage capacity would be affected if he has to stay on the mortgage for the family home.

Hadenoughnow

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10 months 2 weeks ago #508529 by Mummy83

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