Legal Question in Real Estate Law in Virginia

Myself and another individual own a home as tenants in common. We both live in the home. As a result of the other individual desiring to be baptized, he agreed to live on in the basement level and I on the 1st floor level. Both are of equal size. The agreement was that he would have access to the kitchen on my floor (directly at the top of the steps coming up) and I would have access to the laundry area on his level. I do not use the laundry area as I am unable to up and down stairs. He is continually coming and going from the house through my level (there is and outside entrance to the basement) and the majority of the time he is up in the kitchen past 11pm and often even later. This causes me to wake up, I am not able to easily go back to sleep and thus it is causing a problem for me as I work day shifts. He is on social security disability and does not have any form of time structure requirements. There are 4 people who witnesses his agreement to live downstairs and to use the kitchen when needed. Obviously, as the witnesses have stated, it was to be at more typical meal times and not as a way to disrupt me on a daily basis. I have no privacy, I am unable to invite anyone over without being interrupted by his coming and going through my level of the house. I am aware of partitions of the entire property. Are there partitions/legal options to cease the constant interruption on my level of the home? I am so sleep deprived that it's scarey. I'm currently not working due to medical restrictions and have been told by all doctors involved that my blood pressure is raising and that I need more sleep and need to eliminate as much stress as possible. I am only 'mocked' whenever I remind him of the verbal agreement (with witnesses) and tells me that I can not rent out my area or force a sale. Let me add that it is highly unlikely that he will actually seek out legal advice as he believes that he has all the answers and has never in the past used legal advice to take care of his divorce or other legal matters.

Asked on 7/21/12, 11:18 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Yes, you could force a sale by filing a partition suit in the circuit court

where the property is located or buy out his interest in the property.

Those are your two options. The verbal agreement is meaningless and

likely unenforceable as, legally speaking, he is as much an

owner as you of all or any part of the property at issue.

What you've described is a classic example of what can happen when people decide to buy property as tenants in common.

Answered on 7/22/12, 9:04 am

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