Legal Question in Real Estate Law in Virginia

If 2 people are on a deed and it is as stated sole survuior on it and 1 of the persons leaves the property and does not make anymore payments on the morage. and the 1 that stayed still pays the morage alone, Is it possible to have the one who left and not paying be removed from deed and if so what steps to do so.This property is owner fianance also no bank involed. Do I hve any rights, He is telling me there is nothing I can do is this true.

Asked on 4/09/11, 9:25 am

Michael Hendrickson Law Office Michael E. Hendrickson

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No, it is not possible to remove the co-owner from the deed (legally) under the circumstances described.

You could, however, file a partition suit in the local circuit court and

likely secure a judicial order for the sale of the property in lieu of

partition and then when sold divide the sale proceeds, accordingly, with reimbursement to you for any disproportionate amounts you've paid to

maintain the property (including mortgage payments).

Answered on 4/09/11, 11:01 am

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