Legal Question in Real Estate Law in Virginia

name on deed but not on mortgage

I have a friend who bought a house with a boyfriend and now she wants to sell the house and relocate. She has paid the majority of mortgage payments and paid $9000 of the $10000 to keep the house out of foreclosure because he was behind. He doesn't want to sell but she does. What kind of action can she take? Since she has paid most of the mortgages, he doesn't care if he looses the house. She needs the money to help her relocate to another state. They have put the house on the market with a friend of his who is a real estate agent but he is dragging his feet and doen't even have a MLS number on it yet. Please help me to tell her what she needs to do. Thank you in advance.


Asked on 3/28/07, 2:41 pm

1 Answer from Attorneys
Robert Strupp Robert J. Strupp,Attorney at Law, PLC

Re: name on deed but not on mortgage

Your friend could file a "partition" action to force a sale of the property. She may also be entitled to an accounting to recover the disproprtionate sums she paid. As for the friend & MLS, if there is a signed listing agreement with bf's friend, he may have a duty to put the listing in MLS and market the property. If there is no signed listing, your friend might want to consider another real estate firm. Also, your friend should consider discussing this with an attorney.

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Answered on 3/28/07, 3:21 pm


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