Legal Question in Real Estate Law in Virginia
I own a property with an ex-girlfriend. She moved out 2 years ago and I have been making all of the payments and maintaining the home. She now wants half of the tax return. Is she entitled to half of the tax return? Can she be held responsible for half of the payments each month? What is considered abandonment of property?
1 Answer from Attorneys
No, if she hasn't made any of the payments which are deductible on an IRS tax return for the year at issue, she cannot claim anything for a refund. And, yes, she can be held responsible for half of the payments each month if she's on the note along with you.
Forget about abandonment; about the only way you'll get her removed from the deed is either to buy out her interest in the property or file a suit for partition in the local circuit court where the property is located.
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