Legal Question in Real Estate Law in Virginia

Division of property without a will

Both of my parents are deceased and unfortunately they did not leave a will. As a result my parent�s house and the land it is on was split equally between my brother and me. I am the only one who does all the maintenance on the house. (Electric bill, mowing of grass, property taxes, and security) Is there anything legal I can do to have the whole property signed over to me because I have been the sole caregiver for this property for over three years?


Asked on 12/11/07, 7:21 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Division of property without a will

Yes, you have two possible remedies, one being to buy out your brother's interest in the property with appropriate compensation for what you've disproportionately contributed to its maintenance and upkeep, taxes, etc., since taking title, or file a suit to partition, which likely would result in a order by the court for the sale of the property in lieu of partition with division of the sale proceeds between you and your brother, taking into considerations the things mentioned above regarding your contributions.

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Answered on 12/12/07, 12:50 pm


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