Legal Question in Real Estate Law in Virginia
Leasing
The co-owner of my home has gotten a job transfer to Calif. She is unwilling to sell her share to me or sell the house at all. Instead she proposes to lease out her share of the house, 2 bedrooms, so that she can meet the mortgage payments. This just does not seem right to me, that I should have to share my home with strangers just because she is unwilling to part with the house. I have looked into a partisan suit, but they are quite expensive, can be lengthy and the house may auction for less than it is really worth. Is there any other recourse to bar her from leasing rooms in our house against my wishes?
2 Answers from Attorneys
Re: Leasing
Unfortunately, from what you have described, partition may be your recourse. There may be other issues (owner occupancy restrictions on the mortgage for example) that you can discuss with an attorney.
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Re: Leasing
You decided awhile back, obviously, to share your house-owning fortunes with this person who now has his/her sights set upon California---and leaving you behind at the site where hopes once
budded so encouragingly. O vey!, or whatever the Germans say to express a remorseful situation, regrettably applies here.
Suit in the appropriate circuit court to partition the property with proceeds from the inevitable sale proportionately divided between the owners, I'm afraid, is the only realistic solution for this particular situation.
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