Legal Question in Real Estate Law in Virginia
Property in a separation
If two people, who are not married but living together are breaking up, both names are on the mortgage, how can you get one to leave the property if they don't want to?
Asked on 6/15/07, 9:46 am
1 Answer from Attorneys
Robert Strupp
Robert J. Strupp,Attorney at Law, PLC
Re: Property in a separation
The question may be determined by who is on the deed. Title is not the same as being "on the mortgage". If both are owners of the property, unless one is bought out, or the property is sold to a third person, it may not be possible to make an owner leave. A court could order a sale (known as partition), and, if there is some domestic violence issue, one might be able to get a restraining order. I suggest you seek the advice of an attorney.
Answered on 6/15/07, 10:02 am
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