Legal Question in Real Estate Law in Virginia
joint tenancy-unmarried
Two unmarried people are joint tenants on the deed, one person carries the mortgage. The person on the deed (not carrying the mortgage) wants to be bought out or sell the home, but the other deed holder will not agree to either. How do you force this?
1 Answer from Attorneys
Re: joint tenancy-unmarried
The circuit court where the property is located may partition the land. Partition may take three forms: (1) division in kind (dividing into equal shares, (2) allotment to one party willing to accept all or a part upon payment to the others or (3) sale of all or part of the property. The court must first consider the possiblility of division in kind if any party requests it.
The person who wants out should consult with an attorney.
Robert H. Smallenberg
Robert H. Smallenberg, P.C.
7 S Adams St
Richmond VA 23220
(804) 788-1956
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