Legal Question in Wills and Trusts in Virginia

When my mother passed in 2009 the house wnt to all 3 kids,. all 3 names are on the deed. Now my little brother wants to sale the house out from under me, as I have been living in the house and making all the mortgage payments and upkeep expenses since 2009. I will not sign the deed to sale. I'm on disability and can't afford to buy the house on my own what can I do. All 3 of our names are on the deed but, only his name is on the mortgage becuse we refinanced it thriough his company account because that account has no other actions in it just the house. ANd like I said I have made all the payments and have reciepts. And I will not sign off on the deed to sale. I am going to ask a fre question first, If i get the answer I hope then I will go the next step as I may need a Lawyer.


Asked on 9/15/12, 6:33 pm

1 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

If your brother is willing to go to the trouble of filing suit, he could force the sale. His legal action would be a suit for partition, and would ask the court to determine the interest each of the three of you have in the house, whether any one or two of you is willing to buy out the others, and if no one is, order the house sold and the proceeds distributed in accordance with what the court determines to be the interests of the parties. Your argument in the partition process would be that you have reduced some of the loan principal by making all the mortgage payments.

Read more
Answered on 9/17/12, 8:47 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Virginia