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