What is a Mesher order?

A Mesher order is a court order in divorce proceedings that postpones the sale of the family home until a defined trigger event, usually the youngest child turning 18 or finishing full time education. One party stays in the house with the children, and the proceeds are split in agreed shares when the trigger happens.

What triggers the sale under a Mesher order?

The order lists the triggers. Common ones are the youngest child reaching 18 or ending secondary education, the resident party remarrying or cohabiting, their death, or both parties agreeing in writing to sell earlier.

What is the difference between a Mesher and a Martin order?

A Mesher order is tied to the children. A Martin order lets one party stay in the home for life or until they remarry, cohabit or choose to move, and is more common where there are no dependent children.

Can a Mesher order be changed?

The terms can be varied by agreement between both parties, or by application to the court where circumstances have changed significantly. Many couples simply agree to sell early and split the proceeds under the order's share when staying put stops making sense.

Mesher order explained

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Written and reviewed by Kris McClory, Head of PurchasesLast reviewed 6 August 2026

A Mesher order postpones the sale of the family home rather than dividing it now. One party stays in the house, usually with the children, and the property is sold when a trigger event in the order happens, most often the youngest child turning 18 or leaving full time education. The proceeds are then split in the shares the order sets out.

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What the order actually does

The house stays in joint names, or is held on trust, and neither party can force a sale until a trigger occurs. The order fixes the split of the eventual proceeds, either as percentages or as a formula. It usually also sets out who pays the mortgage, who covers repairs and insurance, and what happens if the resident party wants to move earlier.

Typical triggers

Events commonly written into a Mesher order as triggers for sale

Events commonly written into a Mesher order as triggers for sale
Trigger	How it usually reads
Youngest child reaches 18	Or ends full time secondary education, whichever is later
Remarriage	The resident party remarries
Cohabitation	The resident party lives with a new partner for a set period, often six months
Death	Death of the resident party
Agreement	Both parties agree in writing to sell sooner
Voluntary move	The resident party chooses to leave the property

The drawbacks nobody mentions at the time

Both parties stay financially tied. The non-resident party still has capital locked in a house they do not live in, which can block them from buying again.
The mortgage usually stays joint. Missed payments hit both credit files, whoever was supposed to be paying.
Repairs get deferred. Neither party wants to spend on an asset they will split, so a Mesher property often arrives at the trigger date needing work.
The trigger arrives at a bad moment. The sale date is set by a child's birthday, not by the market or by anybody's plans.

When the trigger finally lands

The order requires a sale, and by then the two of you may have very different priorities and very little goodwill left. On the open market that means arguing over asking price, over which agent, over whether to accept an offer, and over the repairs a buyer's survey throws up.

A cash sale removes most of those arguments. One price, no chain, no survey renegotiation, and a completion date both parties agree in advance so the proceeds can be split and the order discharged. If you want to see the number before deciding, get a price on the property and take it to your solicitors.

This is general information, not legal advice. The terms of your own order govern what you can and cannot do, so check it with your family solicitor.

Common questions

What is a Mesher order?: A Mesher order is a court order in divorce proceedings that postpones the sale of the family home until a defined trigger event, usually the youngest child turning 18 or finishing full time education. One party stays in the house with the children, and the proceeds are split in agreed shares when the trigger happens.
What triggers the sale under a Mesher order?: The order lists the triggers. Common ones are the youngest child reaching 18 or ending secondary education, the resident party remarrying or cohabiting, their death, or both parties agreeing in writing to sell earlier.
What is the difference between a Mesher and a Martin order?: A Mesher order is tied to the children. A Martin order lets one party stay in the home for life or until they remarry, cohabit or choose to move, and is more common where there are no dependent children.
Can a Mesher order be changed?: The terms can be varied by agreement between both parties, or by application to the court where circumstances have changed significantly. Many couples simply agree to sell early and split the proceeds under the order's share when staying put stops making sense.