Legal Question in Real Estate Law in Virginia
Need help,
I purchased a house with me and my friend in 2008. We are both on the Mortgage and the deed. He's since moved out over a year ago and have not heard a word from him since. I need to get him off my Mortgage and the deed. What papers can I file, and what do I do? also can I sue him for back pay.
1 Answer from Attorneys
If you can locate this friend, you could attempt to negotiate a buyout of his interest in the property. However, if that doesn't work, your other option would be to file a partition suit in the circuit court where the property is located
and seek the court's permission to give constructive notice of the lawsuit to the
defendant through consecutive publication in a local newspaper.(if you are unable to obtain a verified address for him).
One normally needs to hire an attorney for this kind of a case to be
prosecuted in the circuit court and none of it will come cheaply.
Again, this is another example of why folks who are not married to each
other should never buy property together which is of any significant value.
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