Legal Question in Real Estate Law in Virginia

Re: Joint Ownership

Yes, you can file a suit for partition and possible sale in the circuit court where the property is located. How long it will take depends upon the circuit court where it is filed, e.g. Fairax Circuit is quite likely to take considerably longer than Greene Co. Circuit.

You will need a lawyer to prepare and file the complaint in the appropriate circuit court.

Re: Joint Ownership

You can ask for a partition sale, but your real problem is going to be "service".... You will need to serve him in Iraq and give him the opportunity to defend his case and buy the property from you. This can take many months. If you are successful in your "service", and if he still refuses to respond then the judge can order the sale of the property, but you are still going to encounter problems when it comes to the splitting of the proceeds. I would try to approach this differently: I find it strange that he is not interested in selling the property considering that he would probably get some money from the sale and considering that if you default on the loan, then foreclosure proceedings would begin... in which case he is bound to lose almost everything he put in the property. I would continue contacting him and reassuring him that he would get his fair share (I am assuming this is the case) and that you would both decide on how to split the proceeds: as a matter of fact the title company where you would sell the property could hold the entire proceeds in escrow until you can both decide on how to split the money (it is commonly done in divorce cases).

Good luck.

Re: Joint Ownership

I should've noted in my prior answer that if the co-owner of the property in now serving on active duty in Iraq, he would be able to avail himself of the Servicemembers Civil Relief Act(SCRA)and likely be able to postpone any litigation which you might initiate in regard to this matter until he returns to the United States.