GUIDE • DIVORCE FINANCE SOLICITORS
Mesher order
Where there are children, keeping them in the family home after a separation is often a priority. But where the equity in the home is the main asset, an immediate sale may be necessary to allow both parents to rehouse. A Mesher order offers a middle ground: one parent stays in the home with the children, and the sale is postponed until a later date. This guide explains how Mesher orders work, their advantages and drawbacks, and the alternatives.
Written by Nicola Jones - Partner, Divorce and Family - Last reviewed 13th October 2026
KEY POINTS
- A Mesher order postpones the sale of the family home, usually until the youngest child finishes education.
- Both parties keep a share in the property, which is divided in fixed percentages when it is sold.
- The order does not achieve a clean break, as the parties remain financially linked.
- The occupying parent usually pays the mortgage and running costs in the meantime.
- A Martin order is a similar arrangement that can apply where there are no dependent children.
What is a Mesher order?
A Mesher order is a type of order the court can make on divorce that defers the sale of the family home. It takes its name from the 1980 case of Mesher v Mesher and Hall. Typically, the home is held on trust for both spouses in agreed shares, and the parent with whom the children mainly live is allowed to remain there until a specified "trigger event". The home is then sold and the proceeds divided in the percentages set out in the order, which need not be equal.
When will the home be sold?
The trigger events are set out in the order and can be tailored to each family. Common triggers include:
- the youngest child reaching 18 or finishing full-time education;
- the occupying parent remarrying or cohabiting with a new partner for a set period;
- the occupying parent choosing to move out or dying; and
- both parties agreeing to an earlier sale.
- The order may also allow the occupying parent to buy out the other's share before a trigger event occurs.
Who pays the mortgage and running costs?
The order should set out who is responsible for the mortgage, insurance, repairs and other outgoings. Usually, the occupying parent pays these while living in the home. Where a joint mortgage remains, both parties stay liable to the lender, so the order will often include an indemnity protecting the non-occupying spouse if payments are missed. It may also address how major repairs or improvements made in the meantime are to be reflected when the home is eventually sold.
If you are considering a Mesher order, click below to speak to one of our family solicitors in confidence.
What about compensation and contributions?
The court will not discriminate between the spouse who earned the money and the spouse who cared for the home and children: both are treated as equally valuable contributions. Compensation may be relevant where one spouse has given up a career for the family and suffered a lasting financial disadvantage as a result, although such awards are relatively rare. Arguments that one spouse made a "special contribution" justifying more than half, such as exceptional business success, very rarely succeed.
What are the drawbacks of a Mesher order?
The main drawback is that there is no clean break: both parties remain financially tied to the home, sometimes for many years. The non-occupying spouse has their capital locked in the property, which can make it difficult to buy a home of their own. When the trigger event occurs, the occupying parent may be older, with limited earning capacity, and may struggle to rehouse with their share. For these reasons, the courts have treated Mesher orders with some caution, and they are used less often than in the past.
Can a Mesher order be changed?
The parties can agree to bring forward a sale, or for one to buy the other out, at any time. However, the court's power to change the shares or the core terms of a Mesher order is very limited, because it divides capital rather than income. It is therefore important to think carefully about the trigger events, the shares and the arrangements for outgoings before the order is made.
Common questions
Usually not, because the divorce itself is dealt with on paper and most financial and children matters are settled without a contested hearing. Mediation, collaborative law, arbitration and solicitor negotiation can all help you reach an agreement without going to court.
You can apply for the conditional order after a minimum of 20 weeks, and then for the final order six weeks and a day after that, so around seven months at the earliest. It often takes longer, especially if you wait for finances to be agreed before applying for the final order.
IN THIS GUIDE
Who pays the mortgage and running costs?
What about compensation and contributions?
What are the drawbacks of a Mesher order?
Can a Mesher order be changed?
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