Welcome to Just Answer
I am a solicitor and will assist you.
I am sorry to hear about your curren difficulties.
Please may I ask:
- do you know if you are joint tenants or tenants in common?
- how much equity is in the house?
Thank you for confirming that me.
The relevant area of law is the Trust of Land Act.
If your brother simply will not agree that the house should be sold then you will need to make an application to court.
This would be an application to your local county court. The court does have the power to make an order for the property to be sold if your brother will not agree. Such an order would allow you to realise your interest in the property.
Given that there is significant equity in the property - I do not envisage the court not agreeing to your application as there is the ability to be able to meet both yourself and your wife - and your brothers housing needs.
You can represent yourself in such proceedings. If you wanted to do this the only court fee would be £255. You would need to complete a Claim Form Part 8 and send it to yoour local county court.
If you were to instruct legal representation for such an application and your brother choose to contest your application and a final hearing was needed - you would be looking around £7 - £10k for your legal fees.
It is also worth considering mediation. This might help you reach an agreement with your brother without the need for court. A mediator will not be able to force an agreement so if an agreement cannot be reached then you will have to make an application to court. If you want to try mediation first - just google family mediation in your area and give them a call to get the ball rolling.
Let me know if I can help you further
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No - you wont need to return to court if the court makes the order for sale.