Legal Question in Real Estate Law in Virginia

breech of settlement clause

I purchased a home with a friend. She lost her job and disappeared without a trace. We went to court after she sued me and we agreed to a settlement. I was to refinance the house and buy her out. On the closing day, she didn't show up. Now she is saying that she didn't get enough notice and as before, she wants the house sold and get half of the equity. I paid for everything ever since she left (4 years), she paid only for six month of mortgage. I have been though 2 lawyers who cannot beat her lawyer. She is saying that her exceptional lawyer will make me sell the house which is my primary residence. She needed me to help her creditworthiness since she has filed for bankruptcy before. So she is taking advantage of my paying the mortgage. I need a good one who can make me take advantage of the just side of law. Her lawyer has filed for another complaint to sell the house.


Asked on 3/01/05, 8:59 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: breech of settlement clause

No lawyer can promise that s/he will win. However, we can certainly handle this sort of case. Keep in mind that if you can't settle, the law provides a right for one joint owner to have the property sold, but you would be entitled to buy it (crediting your share of the proceeds). Allocation of the proceeds should take into account the contributions of the parties, but is not strictly dollar-for-dollar.

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Answered on 3/01/05, 2:02 pm


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