Legal Question in Real Estate Law in West Virginia

Re: Real Estate

You father in law can file a Partition Action to require that the house you live in, is sold to a third party; or that YOU pay him to transfer HIS share and interest in the home, to you.

In the interim, he can also demand that you pay or account to him, for your "exclusive" use, occupancy and possession," of the premises,

Therefore, if you want to keep the house and avoid litigation, it is suggested that YOU negotiate for a contract with your father in law, for a sum certain and Refinance or --get a new mortgage-- to pay him off, for his equitable share and interest in the premises.

Please note, if you acquired the house from your father in law, it was formerly his "family home," and you have violated certain terms or conditions of the "transfer/sale," the Court could decide that YOU should sell/transfer/return, your share and interest in the premises, back to him.

Further, you should understand that your father in law cannot be held responsible financially or otherwise for supporting, underwriting or guaranteeing the mortgage on your home and your standard of living, if he chooses, not to be.

Good luck,