Selling a house during a divorce

[butter1]

Hi, my brother got married last August..but come January he found out that his wife had been having an affair just 3 months after they married.  Since, he has moved out into his friends house and he is still paying half the mortgage on their house.  His wife (soon to be ex) is getting very nasty.  She has moved her fancy bloke in and he is living there rent free whilst my brother is paying the mortgage.  She is refusing to sell the house and has offered my brother less then what its worth and says that he cannot sell the house without her say so.  Does anyone have any advice for my brother or has anyone been through something similar.  I really feel for him and he is getting very upset over it all.  They also booked a holiday together to go to Barbados before my brother found out she was seeing someone else...my brother paid the deposit and he didn't get anything back and she took her new fella...  she is being totally unreasonable.

[Mrs_Pegasus]

Get your brother to a solicitor ASAP!

Due to the length of the marriage there is a chance the courts would revert the circumstances back to when they were married and your brother would keep everything he had at the point they were married which may include the house.

[WendyS]

As a month has passed since the last posting I hope you've now seen a solicitor and have some action under way.  The only comment I would make is that if your wife has her boyfriend living in the house, you are probably entitled to charge him some rent for occupying it.    I'd almost be tempted to stop paying the mortgage on it in the circumstances but that is  a knee jerk reaction and probably the last thing your solicitor would advise so do please see a lawyer quickly and get some protection for yourself in what is probably a very distressing and upsetting business for you.  Hope you can get things sorted soon.