Legal Question in Family Law in Virginia

division of personal properties whe parties cant agree.

what are the legal rights of parties concerning a jiontly owned home when the parties dissagreeon the sale of home.


Asked on 8/10/05, 10:37 pm

1 Answer from Attorneys

Fred Kaufman Fredrick S. Kaufman, Esquire

Re: division of personal properties whe parties cant agree.

Married persons own real estate as TENANTS BY THE ENTIRIES which means both parties own 100% and cannot do anything with the real estate without the approval of the other. In divorce if the parties cannot agree they submit it to the Judge who decides whether to sell or assign in conjunction with the apportionment of the rest of the marital estate.

When unmarried people own a house together the only way to decide disputes is through a PARTITION SUIT. It's pretty much the same thing, a judge decides which party can best maintain the resource or whether the real estate needs to be liquidated in order to pay everyone off.

n any case you need a lawyerto guide you through the process.

Good luck

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Answered on 8/11/05, 7:28 am


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