Legal Question in Real Estate Law in Virginia
When my mother passed away the house went to the 3 of us kids, all 3 names are on the deed. The remaining payments are made through my brothers shell conpany but, I make them every month for 3 years. NOw he has the idea he wants to sale and put me and my wife out. I make the payments, and pay for the upkeep and pay all utilities. I have no intention of moving, What should I do or can he even do that?
1 Answer from Attorneys
Your brother could file what's known as a partition suit in the circuit
court in the locality where the property is located and in lieu of partition
obtain an order requiring that the property be sold and the proceeds from the sale distributed to the three owners (with appropriate reimbursement to any who may have paid disproportionately).
The better route to resolving the situation described, however, would be for
you to buy out the interests in the property of those siblings who want to sell it
which would make you the sole owner.
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