Legal Question in Real Estate Law in Virginia
home and property
my husband and I are currently separated,and he wants me to buy out his half of the mortgage,which I cannot afford to do.I want to stay in the house and do not want to move.I am trying to find the money to pay him.In the meantime can he get a lawyer or judge to make me sell the property and move out? both of our names are on the deed.
2 Answers from Attorneys
Re: home and property
Yes, your husband could file a partition suit in the local circuit court in the jurisdiction where the property is located which would likely result in a court-ordered sale of the property with a proportionate division of the sale proceeds between you and him.
Likewise, if a divorce action were to be initiated and the two of you could not come to an agreement rearding the disposition of marital property(which includes your home), the court having jurisdiction over the divorce could then proceed to divide the marital property according to the applicable rules regarding equitable distribution which would also very likely result in the property being sold and the proceeds divided in the same manner as in the aforementioned partition suit.
Re: home and property
It is possible for your husband to demand that you buy him out or force a partition sale of the property. If you have an attorney representing you on the domestic relations issues, you may want to discuss an agreement for time to to try and buy the property.
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