My sister is in her final year studying law at university.
She said you can borrow one of her legal text books Gordon! :D
More seriously however, her thoughts (without really having a lot to go on) are as follows:
(Let it be said that most of what follows doesn't really mean much to me! :D )
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A way you could get around this is by setting up a trust fund. You said your oldest child was 16 years old. You could set up a trust for your son so when he turns 18 the house automatically go to him so the title deeds would pass over to him at 18.
Any solicitor will help you set up a trust fund.
Once the trust is set up, you could sell the house as the holder of the trust but then you would have to still hold the money on trust for your son until he was 18.
In order to stop your brother having any interest in the house and trying to prevent you from selling it you should have two trustees; maybe you and your wife or good friend as this would negate the legal principle of ‘overreaching’. This means when the house is sold if two people sign the contracts as trustees then your brother’s interests are basically not important.
I am not sure about this but by holding it on trust then selling it as a trustee you maybe able to avoid the tax as the house is not for your benefit.
More of a solution that could take a while before you gets the money.
Alternatively, make a will and in it order the sale of the house and the money to go to your wife, then fake your death and move to Spain. Execute the will and keep all the money as well as enjoying the sunshine in Spain. (JOKING )
If the 20K was your only input into the house then if you get the house valued now it is worth more than when you bought it you will be entitled to a bigger share of the profits when you sell it. The money you get should be proportionate to the money you put depending on the increase in value of the house.
A lot does depend on how your brother is living there:
Did he pay the mortgage?
Is he paying you rent?
Since the house is paid for he may have rights as a squatter if has lived there for 10 years without paying anything except the bills.
Even better take some good photos of the house and enter it into an auction, one of those where you don’t necessary have to view and then sell it there. Then you don’t have to worry about your brother, the new owners can deal with him as long as he has not registered that he has an equitable interest in the house at the Land Registry Office in London.
Still does not answer your question properly.
Any solicitor can help you in this area, but shop around and ask a few as the rate will vary considerably.
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I hope that is of some help mate
PS Since she is a student she is MUCH cheaper (free) then the highly qualified Mrs Fargo! :D