Legal Question in Real Estate Law in Virginia

Real estate law

my husband and I have been seperated for 5 years I want to sell my half of our residence he dosent want to buy me out my name is on the deed to the property can I contact a real estate agent and sell my half


Asked on 2/20/07, 10:41 am

2 Answers from Attorneys

Robert Strupp Robert J. Strupp,Attorney at Law, PLC

Re: Real estate law

To explain this another way, why would some stranger want to co-own this property with your husband? As suggested, unless your husband is willing to sell the property voluntarily, you may want to consider hiring an attorney to file a partition action in which the Court may order a sale of the property.

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Answered on 2/20/07, 7:46 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Real estate law

No, you cannot sell your half interest in the property unless your husband also agrees to sell his (half).

You can, however, if no agreement is possible, retain an attorney to file a partition suit in your behalf in the circuit court where the property is located, and, if the court orders the property sold (as the only feasible solution), the proceeds of the sale would then be divided between you and your husband.

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Answered on 2/20/07, 10:58 am


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