Legal Question in Real Estate Law in Virginia
property ownership
My partner and I got a place together. Her name is co-signer on the mortage and second on the deed. Now she threatens to take the property away from me. I make all the payments and can prove every one. The only thing she did was help with the downpayment. What can I do to get her name off both documents and what could she do to me?
1 Answer from Attorneys
Re: property ownership
She cannot take it from you and you cannot take it from her. Neither one of you can unilaterally do anything about the property. You are co-owners.
The only thing that you or she could do is to apply to the court for a "partition" suit. The court would divide up the property. Since unlike empty land, the house cannot be split, this would result in either selling the house to a third party or selling it to one of you, buying out the others.
The Court would hopefully take into account who put up how much money when deciding how to divide up the situation.
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