Ring-fencing property

[Zazazazaza]

Hi,

After a bit of advice on ring-fencing.

Split almost 3.5 years ago and stbx moved out but ring-fenced a property he inherited (that he's living in). I'm in the family home and wanting to leave it (and sell up) as it's too big. Teen is a messy kid and I'm struggling keeping the place tidy.

He wants 50% from the sale of the family home. I've exhausted all monetary supplies to pay the solicitors and have got nowhere.

I'd like to move out and sell the house with us not actually living in it. I don't want to pay rent as it's dead money and I don't want the upheaval of moving again once I get my share of the house in order to buy somewhere else.

Am I able to buy a smaller house now and have it ring-fenced in exactly the same way? I could then move out and give the family home a good clean out and take the stress away from selling.

Which country are you in as I believe the answer differs if you are in Scotland rather than England or rest of the UK.

Whatever you do with the joint house you need his permission

You would have to show that you can afford both
mortgage on joint house + bills
and
Deposit + mortgage +bills on new place

Do you have a really good paid job ?

How did your ex ring fence the property he is living in if your divorce is not final?

I think his solicitor is just full of big words. A judge would probably say it can’t be ring fenced.

I’m in England.

Alot of divorce is negotiation, if property inherited before split, doubtful if it could be ringfenced. If after, your ex has an argument it shouldn’t be included if enough assets for you to both rehouse. What does your solicitor say about it?

Have you been to mediation with your ex? That can be a good option if you want to move things along.