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
2 Answers from Attorneys
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.
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.
Related Questions & Answers
-
Deeds remove co-signers name from bank note Asked 2/18/07, 9:05 am in United States Virginia Real Estate and Real Property