Legal Question in Real Estate Law in Virginia

homeless in the heights

My mother and father have both passed away in the past 2 years. They both died with no will as well as no life insurance. The house was paided off upon death. I have one remaining sister that has been living in this home now for 2 years completly rent free as well as not paying the personal property taxes. She is on welfare and has no income other then that what so ever. I have tried to get her boyfriend to buy me out so I can go on with my life and use the money as a down payment for a house for my wife and children. With a fair credit score and resources to get a loan they are stalling so they can contiune to live there for free while my family goes under. What are the steps that need to take place to force the sale of the home with the taxes in rears? We have people that are very interested in buying the home and have the money available immediately. What is best way to do this in the timeliest manner? Is court necessary?


Asked on 10/04/05, 8:55 pm

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

Re: homeless in the heights

Assuming that you and your sister are the only heirs to this property, each of you would own a one half undivided interest in the whole.

If your sister and boyfriend are unwilling to

purchase your interest in the property and settle the matter on a voluntary basis, you will have no alternative but to engage the services of an attorney to file a partition lawsuit in the circuit court where the property is located.

The court will likely order a sale of the property with the proceeds from the sale apportioned between you and your sister, taking into consideration the payment of back taxes and any other bills associated with the property which remain unpaid or reimbursable to you.

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Answered on 10/05/05, 9:52 am


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