Legal Question in Real Estate Law in Virginia

Partition suit resolved
I filed a partition suit which went to trial in March, 2009. The property was allotted to me after the judge determined that I had paid the mortgage myself and the co-tenant did not (my ex-boyfriend). The judge did order that an expensive tractor ($15,000+) that we bought (with refinance money, on a mortgage that I am the only person on) be sold and the proceeds split between the two of us. This was because I put the money into a joint account that we had and a joint account is considered a joint asset regardless of where the money comes from? Thank goodness I made the mortgage payments from my personal account. Anyway, now my ex has filed a motion for a new trial based on the fact that he says his evidence wasn't presented at the trial because he had an incompetent lawyer. I had met his lawyer at a deposition my lawyer set up nearly a year before we ever went to trial and I could tell he was an idiot, why couldn't he? Now he wants a new trial? He is claiming his sweat equity for work he did around the house is equal to the amount of mortgage payments I made. Do you think he has a chance of getting his motion granted? What about an appeal if his motion is denied? Thank you.

Asked on 6/11/09, 8:59 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Partition suit resolved

Not likely(with respect to his motion for a new trial)and any appeal of the denial would be unlikely to be successful.

If having an allegely bad or incompetent attorney

was a recognized basis for granting a new trial in civil cases, the courts could be overwhelmed with requests for such judicial "doovers".

Answered on 6/11/09, 10:29 am

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