Legal Question in Real Estate Law in Virginia
house sharing
my ex and i purchased a house, after a year our relationship did not work out and neither one of us is able to sell and move at this time. my ex has meet someone else and at first, i liked her ok...after a period of time my ex ask if she could move in, i agreed. another year has gone by and slowly things have deteriated. small things are done in spite...i think they are trying to get me to sell to them or just move out....since she is not on the morgtage, no lease..ect..ect...is thier any reason i cannot have her evicted should she/they refuse to leave. does she have any legal right to be there since he is co owner. can he stop me having her removed from our home should she refuse to leave peacefully.
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1 Answer from Attorneys
Re: house sharing
Your ex is a co-owner(holding title with you as a tenant-in-common) of the property and, therefore, as a general principle, he has the right to invite others to share in his undivided interest in the whole property which, at some point may seem to accrue to the detriment of the other tenants in common, one of which happens to be you in this particular situation.
I doubt, barring some assault on your person, by this house guest who, although, only half welcome on the premises, that there is any legal way for you to have her formally evicted. However, even if she were to leave on her own tomorrow, the co-ownership situation which you've described can (and will)only get worse.(Your ex could well bring in someone new who is even worse than his current squatter)and, therefore, the solution to this residential imbroglio must inevitably point to the sale of the property with an appropriate division of the proceeds to you and your ex.
If either one of you refuses to sell, then the other should engage the services of an attorney
to file a partition suit in the circuit court in the jurisdiction where the property is located and ask the court to order the property sold with the division of the proceeds as described above.