Legal Question in Wills and Trusts in Virginia
Both my parents have died, leaving their Alexandria, VA, home to me, my sister and brother. My brother moved into the home in June'09 without consent from us. He wants to buy us out but has been turned down for loans. How do we go about getting him out of this house? It was never agreed upon by all of us that he move in and he has never paid any rent to us. Is there "squatters" rights in Virginia? How do we legally evict him?
1 Answer from Attorneys
You cannot "legally evict" your brother from this home since he's apparently
a co-owner of the property along with you and your sister.
However, If you cannot agree to a "buy out" deal among the three of you, then
one of you will likely have to file suit in the local circuit court for
a judicial sale of the property in lieu of partition.