NSW Selling Inherited Property - Apply to Supreme Court for Force Sale?

[WendyPortside]

Hi,

My dad has left the family home to my brother and I equally. Unfortunately my brother lives in the house after many years living alone.

We have a difficult relationship as he resents me for moving to London - will being based in London stop me inheriting?

I plan to return to Sydney to help my brother through the process as there is a lot of admin to do, along with a lot of junk to sort through in dad's house. My brother doesn't want the house sold and is not able to buy out my share. I'm unable to buy out his share too.

I would like to sell the house but my brother doesn't want the house sold. What steps do I need to take in NSW to ensure both our rights are protected? I believe we are both listed as executors of will but will check when the will is read.

What rights do I have to enter the house so that a list of assets can be made before distribution? What type of lawyer do I need to help me evict my brother should it come to that?

I heard I need to apply to the supreme court to force the sale of the house but I have no idea where to start with this- do I need to get valuations of the property before this?

Any help is genuinely appreciated.

 

[Rod]

Have you considered keeping the unit as tenants in common and have your brother pay 50% of the rent you would have got if it was rented out to another person?

Would need to agree on a split for maintenance and rates but this way keeps you in the property market. You can always sell later at any time if you need the money.