Legal Question in Real Estate Law in Virginia

Partition of house

In joint or in common ownership of real estate,both co-owners are entitled to possession of the property, and, absent agreement, neithercan force the other out while the property isstill so owned (if there is violence involved,she may be able to get a domestic violence protective order temporarily barring him fromthe property, but it doesn't sound like that'sthe case). If agreement can't be reached, theremedy is to go to court to get a sale in lieuof partition, which will result in the court ordering a sale of the property and divisionof the proceeds between the co-owners as theirinterests may appear. This may well result inhim getting half of the value of the property despite not paying half for it if the court finds that it was intended that way. More likely, if there is a substantial mortgage, the judicial sale will not bring in more than is owed on the property, so nobody wins. The court may also set an amount for which you canbuy him out. You really need to see a lawyer on this and go over the specific facts. It may be that you will come out OK. For anyone else reading this (it's too late for the person asking the question here), before you buy property with another person not your spouse, see a lawyer in order to protect your interests BEFORE you buy.