Legal Question in Real Estate Law in Virginia
Tenancy in common
Have a property under tenancy in common w/ my parents. My dad may have to file to bankruptcy and he has 10% ownership toward the house we owned together. As I am one of tenant in the property, can his debts/lien be attached to other tenant? We are in Virginia. Please advise.
Asked on 12/09/08, 9:20 am
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: Tenancy in common
No, your father's debts in a bankruptcy proceeding could not be attributed or assigned in any way to the other tenants in common, but it's certainly conceivable that the value of his share/interest in the property as a tenat in common could be placed in the bankruptcy pool of assets by the bankruptcy trustee presiding over his case.
Answered on 12/09/08, 11:09 pm
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