divorce/house sale

[luv2shop lol]

My brother has recently split from his wife; they have 1 child. Initially she moved out of the property but is due to return in 2 weeks time because she says she cannot afford to rent. The marital home is mortgaged and is in joint names. My brother fears the situation at home may be intolerable especially since he has met someone else. I am wondering if the house can be sold because a) they have a child under 16 b) the house is in joint names. Also if they are living under the same roof but not as man and wife can my brother ask for some form of rent from his wife, as previously she has not contributed to any bills including mortgage.

[lady_p_gold]

The house cannot be sold without her consent. They both own all of the house, and therefore he cannot charge her rent for living in her own home !!! Whether she has contributed to any bills or mortgage is immaterial and it is likely that in a divorce situation she will be able to remain in the property while the child is in full time education and he will probably have to rent a flat to live with his new partner and pay the mortgage too. I do not know what amounts are involved (i.e. equity) but I am afraid it sounds as if your brother needs a reality check! Surely the child's welfare is paramount and he wants the best for it ...

Sorry if this is not what you wanted to hear, and others may say something different.