Legal Question in Real Estate Law in Virginia
Co-ownership Laws
My ex-partner and I are both on the deed. Only she is on the mortgage. We both have payed towards the mortage. Can she force us to sell the house by attempting to sign the house over to me? Can I refuse to that if she attempts to do this? I only need to be in the house another 6 months. Is there anyway she can force a sale of the house without my permission?
1 Answer from Attorneys
Re: Co-ownership Laws
Yes, as (apparently) an owner of an undivided half interest in the whole(property), your ex-partner could indeed force a sale of the property by filing a suit to partition in the circuit court where the property is located. However, whether such a suit could actually be concluded within a period of six months with a court-ordered verdict to sell and to divide and distribute the proceeds of the sale, accordingly, is quite another matter, and would depend in large measure on how big and how busy that particular court actually is.
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