A court order stipulating an 18-month timeframe to sell the family home is a common outcome in UK financial remedy proceedings following a divorce or dissolution of a civil partnership. This order, often a Mesher Order, is designed to provide a structured and deferred solution, typically to allow children to remain in the family home until a specific trigger event, such as the youngest child finishing secondary school. Navigating this period requires a clear understanding of the legal framework, financial responsibilities, and practical steps to ensure a smooth sale at the end of the term. This guide provides a calm, comprehensive overview of what to expect and how to prepare.
Understanding the 18-Month Sale Order
An 18-month order is a type of property adjustment order issued by the court under the Matrimonial Causes Act 1973. It does not mean the sale will happen in 18 months; rather, it sets a specific date in the future upon which the property must be placed on the market for sale. The proceeds of the sale are then divided according to the terms of the court order.
Common Reasons for such an Order:
- Welfare of a Child: The primary reason is to provide stability for dependent children by allowing them to remain in their home and school until a natural break point.
- Market Conditions: To avoid a forced sale in a depressed housing market.
- Financial Practicality: To allow one party time to secure financing to buy out the other’s interest (though an 18-month order is typically for a sale, not a buyout).
Key Responsibilities During the 18-Month Period
The court order will explicitly detail the responsibilities of each party. It is crucial that both parties fully understand and adhere to these terms to avoid future conflict or legal action.
1. Occupation and Outgoings
The order will specify who is permitted to live in the property during the period. This is usually the parent with primary care of the children. The responsibilities for financial outgoings will be clearly allocated:
- Mortgage Payments: The order will state which party is responsible for maintaining the mortgage repayments. Failure to pay risks repossession, which would be disastrous for both parties’ credit and equity.
- Council Tax and Utilities: The occupying party is almost always responsible for these ongoing living costs.
- Buildings and Contents Insurance: The order must specify who maintains the insurance policy. This is critical to protect the asset.
- Routine Maintenance: The occupant is typically responsible for day-to-day upkeep (e.g., gardening, minor repairs). The order should define what constitutes “major repairs” and how the cost for these will be shared, as they protect the value of the asset for both parties.
2. Preparing the Property for Sale
The final 6-9 months of the order should be dedicated to preparation. This involves collaborative effort to maximise the sale price for mutual benefit.
- Agreeing on an Estate Agent: The order may specify how an agent is chosen (e.g., instructing three local agents for valuations and jointly agreeing on one). The goal is to select an agent based on their marketing strategy and track record, not just their fee.
- Setting the Asking Price: The price should be based on evidence—recent sold prices for comparable properties in the area. Both parties must agree on a realistic, market-led price. If they cannot agree, the order will have a mechanism for resolution, often involving the appointment of a single joint expert valuer.
- Property Presentation: The occupant should begin the process of decluttering, depersonalising, and addressing minor repairs. Both parties have a vested interest in the property presenting well to achieve the best possible price.
The Sales Process at the 18-Month Point
When the trigger date arrives, a defined process, often outlined in the order, will come into effect.
- Instruction of Estate Agent: The property is formally instructed with the agreed-upon agent.
- Instruction of Conveyancer: Each party typically instructs their own conveyancer to represent their individual interests in the sale.
- Considering Offers: All offers should be presented to both parties, who must jointly agree to accept an offer. The order may state that the property cannot be sold for less than a certain figure without both parties’ consent or a further court order.
- Completion and Distribution: Upon completion, the sale proceeds are used to pay off the outstanding mortgage, estate agent fees, and legal costs. The remaining equity is then divided according to the precise terms of the court order. The division is not always 50/50; it reflects the overall financial settlement, which may have been adjusted based on other assets.
Critical Considerations and Potential Pitfalls
- Deteriorating Relationship: Co-owning a property with an ex-partner for 18 months requires a degree of cooperation. Communication should be kept business-like and in writing where possible to avoid disputes.
- Market Fluctuation: The property market can change significantly in 18 months. The agreed-upon equity split may feel unfair if house prices fall dramatically. Conversely, if prices rise, it can lead to disputes over who benefits from the increase. The order is final and based on the circumstances at the time it was made.
- Refinancing Difficulties: If one party wishes to buy out the other at the end of the term rather than sell, they must secure a mortgage based on their sole income. This can be challenging and should be explored well in advance of the 18-month deadline.
- Enforcement: If one party refuses to cooperate with the sale when the time comes (e.g., refuses to vacate or sign documents), the other party must apply to the court for an order for sale. This is costly, time-consuming, and stressful.
An 18-month order to sell provides a structured breathing space but demands financial discipline and a commitment to future cooperation. The key to a successful outcome lies in meticulous adherence to the court order, proactive preparation for the sale, and maintaining a focus on the ultimate goal: a clean financial break that allows both parties to move forward with their lives. Seeking ongoing advice from a family solicitor during this period is essential to navigate any challenges that arise and ensure the process concludes as smoothly as possible.
