Legal Question in Real Estate Law in Virginia
Agent of Property Non-lease eviction
What are the rules/ law regarding eviction of a person dwelling in a non-lease situation? I lived with my boyfriend for 4 years, and dying recently he left the home to me. I have since been evicted by a court order by his co-owner, who resides in London, England. My boyfriend paid the co-owner 1/3 of the payment in cash, yet the co-owner has his name on the title. Since the co-owner lived in London, my boyfriend and I took care of the home, as well as their boats as agents of property. Therefore by residing in the home and putting a substantial amount of money into it as agents of property, I was thinking that there could be a loophole in this eviction.
1 Answer from Attorneys
Re: Agent of Property Non-lease eviction
Assuming that it was a Virginia court that ordered your eviction from the premises in which you believed that you had inherited a one half ownership interest from your deceased boyfriend, the proper course would have been to appeal this order within the required time frame, raising whatever equitable issues that you could in defense of your position.
Nevertheless, it should be pointed out, however, that if your boyfriend's name was not on the deed, that is prima facie evidence that he was not a co-owner of the property at issue and, therefore, he would have had no legal basis to devise you an ownership interest which he never apparently legally possessed.
If all of the above is true and correct with respect to the situation which you've described, I would not expect to find (if I were you)any "loopholes" to remedy this obviously unhappy situation.
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