Legal Question in Real Estate Law in Virginia
Rent to own
My aunt in VA agreed a few years ago to sell a home to a couple on a ''rent to own'' basis. The agreement was monthly installments, with interest to be paid after the final installment at the going rate at the time of their agreement. He was to carry a $1000,000 insurance to cover it in case something happened to him.
He has since died, and his ''common law wife'' is now disputing the terms. She has a lawyer and he's telling my aunt his client does not have to pay.
What are my aunts options?
1 Answer from Attorneys
Re: Rent to own
Who could say without reviewing the contract? Such so-called contracts for deed are usually a bad deal for the buyer and a plus for the seller and, therefore, if the matter is ever litigated, the court hearing the matter might be more inclined to favor the buyer rather than your aunt as the seller of this property.
And, FYI, there is no common law marriage in Virginia, although a couple coming from a state which does recognize and allow for such marriage could require that Virginia also give it the same recognition as a valid marriage.
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