Legal Question in Real Estate Law in Virginia

I co-own a house with another party. They recently moved out and refuses to pay their part of the mortgage. What options do I have. If I get a room mate to help cover the costs, can the other party have the room mate evicted?


Asked on 1/25/13, 2:03 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Your options would appear limited to: buying out the interest of the other party(if any) and refinancing in your name only or bringing a partition suit in the local circuit court to effect a judicial sale of the property with the proceeds of the sale appropriately divided.

And, yes, if the other party remains a co-owner of this property, then s/he would be legally empowered to bring suit to evict a third person living there, but that doesn't necessarily mean that this suit would be successful if this third person were residing there with your consent and paying rent (my opinion).

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Answered on 1/27/13, 8:13 am


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