Legal Question in Real Estate Law in Virginia

Is a written agreement needed between two domestic partners when purchsing a hou

I am about to close on a house with my boyfriend. My mother is urging me to get an agreement written up by a lawyer, stating that in the event of a seperation, the house will be sold, the equity split between the two of us, and then either of us would be able to then buy the other out. Is this a necesary precaution or is the title alone enough of a safeguard?


Asked on 6/16/05, 11:37 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Is a written agreement needed between two domestic partners when purchsing a

Assuming that each of the co-owners will hold title to the property as a tenant in common, with a one half undivided interest in the whole, then each in the event of some future dispute between the co-owners involving the property would have the right to bring what's called a partition suit in the circuit court in the jurisdiction where the property is located and which would likely result in a forced sale of the property with an equitable division of the proceeds from the sale. The right of either co-owner to bring such a lawsuit as described above would in no way be conditioned upon his or her having signed the kind of agreement which you've described.

However, these kinds of lawsuits can be quite expensive, and if the agreement which you've described would in any way lessen the possibilty of this kind of future litigation, then it's probably worth having.

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Answered on 6/16/05, 5:32 pm


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