Legal Question in Real Estate Law in Virginia
I inherited 2/3 interest in an estate. After numerous attempts to negotiate an agreement with the other 1/3 interest holder, no agreement could be made. therefore I submitted a petition to sell. Two weeks after being notified of the petition, the 1/3 interest holder "donated" her portion to a nearby church. My question is this...does a new petition have to submitted now. And what about the contents of the house? If she has removed items from the home without disclosing that to me, what are the legal reprocussions for that act? Do the items have to be returned?
1 Answer from Attorneys
Assuming that by "a petition to sell", you mean a lawsuit for the partition
of the property (or in the alternative a judicial sale in lieu thereof) filed in the
local circuit court where the property is located, your remedy for what
you've described likely involves filing a motion with the court for leave
to amend your lawsuit to include the church donee as an added defendant in
your pending suit.
Hopefully, you've retained competent counsel by now to represent you in this
matter and who can also advise you as to your claim(s) involving the
contents of this jointly owned house.