If it is a freehold then he is an owner for HB purposes as he is entitled to dispose of the fee simple …reg 2. That leads you to your second query…the 6 month disregard applies from the date the property is first marketed then you have a discretion to disregard but that should not continue for years. He is entitled to his share of the property and that could be a substantial amount.
It is reasonable for you to check with UC; very unlikely they know. It is a mixed bag here. He is being denied a lot of money he is due. The council is also providing scarce temporary accommodation which they should not be doing. It is no one’s fault of course. The Court has said he should have had the money years ago. But circumstances intervened.
I think you will need to pay HB for the moment while you make enquiries but it is important that it does not drift on for years. Legal advice would be available and it might be that he can agree a no win no fee arrangement with a local social lawyer specialising in this type of issue. We have UT decisions where it suited everyone ….divorce …to allow things to drag on. Not for ever said the Judge.
