Legal Question in Wills and Trusts in Virginia
Our parents died and left their house to my sister, brother, and myself. Dad died Feb 2009; shortly after that, my brother moved in "so there will be someone living in the house." He didn't clear this with my sister or myself. Plus, he is not paying us 1/3 each of any rent. He is, however, paying all the utilities since he is the one using them. He has been trying to get a loan to buy us out but to no avail. He owns a house about 25 miles from "our" house but this is more convenient for him. Now, he has let is 22 year old son move in plus several others that he works with. The house and property are going down hill. What legal rights do my sister and I have? Can we call the police and have them all evicted?
1 Answer from Attorneys
No, the cops are not likely to become involved in what they will characterize as
a "civil matter". Your brother currently occupying the home is apparently
now one of three co-owners and therefore as such has as much right to
occupy these premises as the other two would have (you and your sister).
If your brother cannot buyout the respective interests of you and
your sister, your only alternative will probably be to engage the services
of an attorney to file a partition suit in your behalf in the local circuit court in the area where the property is located which would likely result in a judicially ordered sale of the property with an appropriate division of the sale proceeds among the three owners.
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