Legal Question in Real Estate Law in Virginia

good morning i am having a problem i co own a house with someone and having dificulty where this person not corporating...her name is on the mortgage but we both on the deeds of trust...this place rent to section 8 she is not depositing the money in the account that was set up for this property she took me off the contract from section 8......I told her that I want her to sell the house or buy me out she said she i can't tell her what to do.....now do i have the right to go to section 8 and take the house of there listed also order the tenant a 30 notice to leave this property? what's my legal rights I trying to contact lawyer but thy charging a $5000.00 for this cast and I can't afford it and I really need to get out of this mess...I figure if I let the house sit then she have no other choice than to sell it....please advise i really need help with this, I call legal aid but not qualify now I'm stuck with figuring this out, I would like to know my legal right to go about this. Thanks


Asked on 3/29/13, 6:19 am

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

As a co-owner of this property, you have the same rights as the other co-owner with respect to listing this property with Section 8 Housing or terminating such listing.

If this other co-owner refuses your offer to buy out her interest in the property,

then you're likely looking at a partition suit in the circuit court where the

property is located and a judicially ordered sale in lieu of partition with

an appropriate division of the sale proceeds (first to payoff the lender

and the remainder to the owners if there is anything left to distribute).

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Answered on 3/29/13, 6:55 am


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