Legal Question in Real Estate Law in Virginia

Can a partition suit be filed against a settlement that has been put into escrow?


Asked on 8/18/10, 5:12 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Unlikely, since a partition lawsuit is designed to divide (or otherwise settle) interests of feuding parties claimed in real property and not in settlement funds already deposited in an escrow account after

completion of a closing of the property at issue.

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Answered on 8/23/10, 8:37 pm
Michael Hendrickson Law Office Michael E. Hendrickson

I should add, however, that the possibility of a constructive trust attaching to

these escrow funds might be worth exploring with a local attorney in your area

if in fact you have a valid claim to the property at issue.

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Answered on 8/26/10, 9:19 am


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