Legal Question in Real Estate Law in Virginia

What are my rights?

I have lived on my mothers property for the past 50+ years. She recently passed away and my siblings want me to vacate the property so that it can be sold. There was no will. I would like to know what if any my rights are. can they force me to vacate? Thank you.


Asked on 10/16/05, 11:31 am

2 Answers from Attorneys

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

Re: What are my rights?

Generally, absent some writing that would grant you some right to continue to live on the property,if your mother died without a will & no husband, the children inherit the property in equal shares. If you all fail to agree, the Court may "partition" the property and force a sale. You may buy them out or agree to sell the property & each of you receives an equal share net of costs.

Robert J. Strupp

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Robert J. Strupp

Attorney at Law, PLC

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Answered on 10/16/05, 11:57 am
Daniel Press Chung & Press, P.C.

Re: What are my rights?

What Robert Strupp said is correct. In addition, I will note that as a co-owner, you cannot be forced out of the property unless and until the Court orders a sale.

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Answered on 10/16/05, 1:03 pm


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