Hello. Yes, you can buy it, if your brother agrees. If you take on or pay off the mortgage, you will pay Stamp Duty Land Tax on the balance of the mortgage but only if that sum crosses the rrelevant threshold.
The problem is he would properly disagree just for the sake of it. I thought the order of sale meant I could sale it to whoever I like a long as I get the minimum value the court set? Thanks
The mortgage owing is approx 42000. Would that take me over the threshold?
I don't know exactly what the Order says but if your brother is compelled to sign a transfer at a minimum price, and taking into account your share and what you havean order for this minimum is met, I see no problem forcing him to cooperate. The threshold is £125000, so if you bought him out for £40000 or took on the mortgage at that amount there'd be no SDLT to pay.