Legal Question in Real Estate Law in Virginia

I have been living with my boyfriend, now fiancee ,for three years(Jan.2007) we probally cannot be married till 2011. His father was his banker for his home loan and passed away 2009. The balance of the loan was divided between him, his brother and his sister and with the inheritance he paid them their part, thus the house is paid for and the deed in his name now.
My question is,if he were to pass away, would I be allowed to remain living there? We have lived together there three years and are engaged, but legally- what would be done with his estate and belongings since I'm not his spouse yet? He does have one daughter age twenty five but they have no contact or part of each others lives but would she still inherit his belongings? Would I have to leave, would it actually have to be deeded in my name as well or willed to me if we aren't married yet in order for me to remain or take over the home?

Asked on 2/26/10, 2:58 am

Michael Hendrickson Law Office Michael E. Hendrickson

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The answer to your last question is a very definite, yes. Otherwise, if no

will(and no marriage), per Va. Code Sec. 64.1-1, everything of your cohabitant

would go first to his daughter, and then to his surviving family members.

And, yes, very likely, not too long after that would come notice to your

door that the new landlord(s) had initiated eviction proceedings

against you.

Answered on 3/03/10, 5:58 am

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