Legal Question in Real Estate Law in Virginia

Real Estate Dispute

Purchased a house with another person. When we bought it only one of us moved in and now refuses to move out or refinance. Since I am a joint owner in the house can I move into the house too or force this person out without a lengthy court battle? The house has a FHA loan and was bought one year ago.


Asked on 5/06/02, 8:09 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Real Estate Dispute

If you're a joint owner, you have a legal right to live in the house. Unfortunately, so does your

joint co-owner. However,forget about the use of

self help to achieve your aims if it involves the use of force or coercion.

Make another attempt to negotiate a settlement,

i.e., one of you buys the other out. Otherwise, you're faced with the prospect of having to retain a lawyer to file a partition suit which will require that the property be sold ,and, whatever proceeds there are from the sale, if

any, be divided between the two of you after the mortgage is satisfied.

Read more
Answered on 5/06/02, 9:12 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Virginia