Legal Question in Real Estate Law in Virginia

Me and my ex-girlfriend bought a house in 2006. We went are seperate ways and am stuck with the house. I have been wanting to sell it for the last 4 years while she doesn't want to nor can she afford the payments by herself or get the loan transferred in her name. I have been reading about partions and have a souple of questions: Can a partion force a sell? If forced to sell does the house have to be appraised and that used as the price? Does the judgement say the house will be sold at any price or can stay on the market forever? Realisticly the house will lose money and she can't afford that but soon I won't be able to afford to pay her half the morgage. She says she has done a couple of things to the house which I figure she would eat since I have been trying to push for a sale, although I have offerred her money to get things fixed up, according to her, to help a sale. If a partion was able to force a sale of the house to move it at whatever price about how long would the process take and approx legal fees just to get a heads up.

Thanks


Asked on 4/19/11, 4:14 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

A partition suit resulting in a judicially ordered sale of the property (in lieu of partition) could take many months depending upon the

court involved (normally the bigger the court the longer it could take)

and cost thousands of dollars in terms of legal fees (particularly if

it's contested).

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Answered on 4/23/11, 8:17 am


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