brother in law separated 2 years ago and finds it hard to survive and wants to know if he can sell house . he lives in rented flat
it is in joint names but wife is paying the morgage and the children still live there so any info would be welcome
Are they legally separated? If so, this issue may have been dealt with. There's no hard and fast rule in relation when it's ok to sell the house. If he's been separated (legally or just living apart) for 4 of the last 5 years they can divorce and both husband and wifes position is considered along with the assets of the marriage. Id recommend he sees a solicitor
Sorry, just read they're separated for 2.5 years. He should apply for a judicial separation. If he has one, he can apply for a variation order on maintenance to make things more manageable and the house dealt with on divorce a few years later
Is he looking to release cash? If so what is the house worth and what is the mortgage outstanding?
Has his ex wife always paid the mortgage?
Has he consulted with a solicitor? He may be entitled to free legal aid so should check this out.