Legal Question in Real Estate Law in Virginia

Re: House

If both names are on the deed, then both are owners. Nothing changes.

You would have to take legal action to bring about a change.

You could file for a "partition" which is probably the only thing you can do (short of coming to an agreement).

During the partition lawsuit, because the house cannot be split in half, the court would order it sold. One could buy it from the other. Or it could be sold to a third party.

During that proceeding you could put on proof that your investment is not equal with the other person and the proceeds should be divided accordingly.

Or you could sue the co-owner for "contribution" and ask the co-owner to equalize the money that you have put in.

Re: House

If you paid the home mortgage during the intervening years when your boyfriend and co-owner was incarcerated and the house is sold, your disproportionate share which you paid should be reimbursed to you from the sale proceeds.