A Mesher order is a court order, made as part of a divorce settlement, that lets one parent stay in the family home with the children and delays the sale until a set "trigger event", usually when the youngest child turns 18 or finishes education. Each of you keeps a fixed percentage share, paid out when the home is sold.
It's a way of keeping a roof over the children's heads when the house is the main thing a couple owns and there isn't enough money for both parents to buy somewhere straight away. It solves today's problem by creating a future one, so it's worth understanding exactly what you're signing up to.
What is a Mesher order?
A Mesher order takes its name from Mesher v Mesher and Hall, a 1973 Court of Appeal case. It's a type of property order the family court can make when it deals with money on divorce (Matrimonial Causes Act 1973). You can agree one with your ex and have it approved in a consent order, or a judge can impose one if your finances go to a contested hearing.
The Family Justice Council, which advises the courts, describes how it works in its guide for people sorting out their own finances. The parent who doesn't keep the home is given a percentage share of its value, paid at a specified time in the future, for example when the youngest child finishes school, college or university. That lets the children's main carer stay in the home, while the other parent gets their share in due course (Family Justice Council).
There are two common ways to set it up. The home can be transferred to the parent who stays, with the other parent holding a legal charge over it to protect their share, which the Family Justice Council says is the normal approach, if the mortgage lender agrees. Or the home can stay in joint names, held on trust in fixed shares, with the sale postponed (Tanfield Chambers). Either way, the shares are fixed now but paid out of the home's value when it's sold.
What triggers the sale under a Mesher order?
The order lists the events that bring the arrangement to an end. When the first one happens, the home is sold, or the parent living there buys the other out, and the money is divided in the agreed shares.
- The youngest child reaches a set age or finishes education. Check which age, and whether education means school, college or university.
- The parent in the home remarries.
- The parent in the home lives with a new partner. This is normally defined as living together for more than six months.
- The parent in the home dies. The home is sold and the shares paid out, rather than waiting for the original date.
- The parent in the home chooses to sell. Check whether the order allows an earlier sale, and whether the other parent has to agree.
Source: Family Justice Council, Sorting out Finances on Divorce (2024). The exact wording matters. "Finishes education" can mean very different dates for a 14-year-old who goes on to university.
How a Mesher order works: an example
This is an illustration with round numbers, not a prediction of house prices or of what a court would order. A couple's home is worth £300,000 with a £150,000 mortgage, so there's £150,000 of equity. Their youngest child is 8. They agree the parent who looks after the children will stay in the home until the youngest turns 18, and the shares will be 65% to the parent who stays and 35% to the parent who moves out.
| Illustration | Today | In 10 years, at sale |
|---|---|---|
| Value of the home | £300,000 | £360,000 |
| Mortgage left | £150,000 | £90,000 |
| Costs of selling | none | £6,000 |
| Money left after the mortgage and costs | £150,000 | £264,000 |
| Parent who stayed (65%) | £97,500 | £171,600 |
| Parent who moved out (35%) | £52,500 | £92,400 |
Two things stand out. First, the parent who moved out shares in any rise in value, because the percentage applies to the value at the point of sale rather than the value when you agreed (Family Justice Council). Second, they also benefit from the £60,000 of mortgage paid off in the meantime. If the parent who stayed paid all of that, the order should say whether they get credit for it before the money is split. The same goes for any extension or major improvement.
Then there's the question the Family Justice Council says needs careful thought: where the parent who stayed will live next. In this example they'd have £171,600 at an age when getting a new mortgage may be harder. If that isn't enough to rehouse, a Mesher order can leave them facing a forced move just as the children leave home.
What are the pros and cons of a Mesher order?
For the parent who stays
- For: the children keep their home and school, with no forced sale while they're young.
- Against: you'll have to sell or buy the other parent out later, possibly at an age when borrowing is harder, and a new relationship may trigger a sale.
For the parent who moves out
- For: you keep a stake in the home, which shares in any rise in its value.
- Against: your money is tied up for years, which can make it hard to buy a home now, and you may stay named on the mortgage.
For both of you
There's no clean break on the house. You stay financially linked for years, and disagreements about repairs, payments or what counts as a trigger can end up back in court.
A Mesher order keeps the children settled now. The price is a second decision about the house, years later.
What is a Martin order?
A Martin order is a close relation, usually used where there are no dependent children. It lets one person live in the home for the rest of their life, or until they remarry, live with a new partner for a set period or move out, and only then is the home sold and the money shared (Tanfield Chambers). It's named after Martin v Martin, a 1977 Court of Appeal case. It can suit a situation where one person needs a home and can't afford to buy, while the other already has somewhere to live and doesn't need the money now. The trade-off for the person who moves out is that they may wait decades for their share.
Who pays the mortgage and repairs?
Whoever the order says. The Family Justice Council advises agreeing and recording who pays the mortgage, utilities and insurance, and who pays for decoration and repairs, to avoid disputes later (Family Justice Council). Before you agree, make sure the order answers these questions:
- Who pays the mortgage, and does paying off the loan earn either of you a bigger share at the end?
- Who pays for buildings insurance and major repairs, such as a new roof or boiler?
- What happens if the parent in the home stops paying the mortgage?
- Can the parent in the home move to a different property and keep the arrangement going?
- How is the home valued at the end, and who chooses the estate agent?
If the mortgage is in joint names, you both stay responsible for the whole loan, and a missed payment can damage both your credit records. Your lender doesn't have to take either of you off the mortgage just because you've agreed it or a court has ordered it (MoneyHelper). Talk to the lender before you finalise anything.
There's a tax point too. Under HMRC's current rules, if you've moved out but keep a share under a court order or formal agreement, you can usually choose to treat the home as your main residence until it's sold, provided it stays your ex's main home and you haven't nominated another property, which can reduce or remove Capital Gains Tax on your share (HMRC, HS281). Check this with a tax adviser before you rely on it.
What are the alternatives to a Mesher order?
- Sell now and split the money. The cleanest option, if both of you can rehouse with your share.
- One of you buys the other out. The person keeping the home remortgages to pay the other their share now.
- Offsetting. One of you keeps the home and the other keeps a bigger share of other assets, such as savings or pensions. Our guide to pensions in divorce explains why a pound in a pension isn't worth the same as a pound in a house.
- A charge for a fixed sum. Instead of a percentage, the parent who moves out is owed a set amount, paid when the home is sold or at a fixed date.
Our guide to what happens to the house in a divorce compares these options in more detail, and splitting money and property explains how the court looks at everyone's needs.
How do you get a Mesher order?
If you agree, the terms go into a consent order, which a judge approves. The court fee is £62. If you can't agree and a judge decides, the fee to apply for a financial order is £321 (GOV.UK). Our guide to consent orders and clean break orders explains the process.
These clauses need careful drafting, and the Family Justice Council says it's sensible to take advice from a solicitor. A family solicitor can draft the order, and a mediator can help you agree the shares and triggers first.
Work out what the house means for both of you
The money workbook walks you through the home, the mortgage, pensions and both your housing needs, so you can test a Mesher order against the alternatives before you agree anything.
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Get matchedCommon questions
What is a Mesher order?
A Mesher order is a court order made on divorce that lets one parent stay in the family home with the children and delays the sale until a trigger event, such as the youngest child turning 18 or finishing education. Each parent keeps a fixed percentage share, paid out when the home is sold.
When does a Mesher order end?
When the first trigger event in the order happens. Common triggers are the youngest child reaching a set age or finishing education, and the parent in the home remarrying, living with a new partner for more than six months, or dying. The home is then sold or one parent buys the other out.
Who pays the mortgage under a Mesher order?
Whoever the order says, which is usually the parent living in the home. The order should also say who pays for insurance and repairs, and whether paying off the mortgage earns a bigger share at the end. If the mortgage is joint, both of you stay liable to the lender.
Is a Mesher order a clean break?
No. You stay financially linked through the house until the trigger event, sometimes for many years. You can still have a clean break on other things, such as maintenance between you, in the same consent order.
What's the difference between a Mesher order and a Martin order?
A Mesher order usually ends when the children grow up. A Martin order is normally used where there are no dependent children and lets one person stay in the home for life, or until they remarry, live with a new partner or move out.
Sources
- Family Justice Council, Sorting out Finances on Divorce (2024 edition)
- Tanfield Chambers, Financial orders: the sole trustee problem (Mesher and Martin orders)
- Matrimonial Causes Act 1973, section 23 (legislation.gov.uk)
- MoneyHelper, Dividing the family home and mortgage during divorce or dissolution
- HMRC, HS281 Capital Gains Tax: civil partners and spouses (2025)
- GOV.UK, Family court fees (EX50), updated 13 July 2026
Keep reading
This guide is general information about divorce, not legal, tax or financial advice. Laws, fees and figures change, so check the sources above and speak to a qualified professional about your situation. Facts checked 20 October 2026.