Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first
How much is the property worth and how much is outstanding on the mortgage?
If they separate where else could his ex and the children live?
My apologies for the delay - I have been in court.
Technically his ex cannot exclude him unless she obtains a Court Order as a result of him being violent.
However he must be very careful as it is horribly easy for a woman to accuse a man of violence and be believed - from that point of view staying away tonight might be a wise move.
In the long term I have to be blunt - under Schedule 1 of the Children Act your son is under a duty to help house his children until they are 18 and this could mean that she would be able to remain in the property until the youngest is 18 or she cohabits - at which time she would have to leave and the property would revert back to your son
However she would have to be able to meet all the outgoings - including the rent in the 60% your son does not own.
An alternative would be to offer here a lump sum to leave - since she would not receive anything at all if she waits
I appreciate that this is nit the news you were hoping for but it reflects his legal position
Please ask if you need further details