Legal Question in Real Estate Law in Virginia
My son lives in the house but won't pay rent, etc.
After 22 yrs of marriage,in Virginia, I separated from my husband and moved out in 1996. I couldn't afford it, when the opportunity arose, I moved ''back home'' in another state in 1998. My son (17 yrs old at the time) remained in the house with my husband, in Virginia. My husband and I never ''legally'' separated or divorced. In 2001 my husband passed away. He had numerous debts including mortgage on the Virginia home. I took over the payments. My son insisted on remaining in the house and said he would pay me ''rent''. My son still does not pay me any rent, has not repaired things. He has disconnected phone service,does not repond to the letters I send him. I need to sell the house in Virginia, but the real estate agents I've talked to say they won't touch it because of a ''hostile tenant situation.'' They claim they can't sell the house if the person living there wouldn't allow it to be ''shown''. Is there a chance that he could claim to own the house? I have since taken a loan from my retirement plan to pay off the mortgage. The Deed was then cleared and sent to me. I suspect that since my son will not communicate with me anymore there is something amiss! What am I to do?
3 Answers from Attorneys
Re: My son lives in the house but won't pay rent, etc.
Unfortunately you have no choice but to hire an attorney and evict your son. That is your only alternative unless he wants to buy the property from you. If I can be of any assistance, let me know. Gerald Hershenson Esq. 215-579-9390
Re: My son lives in the house but won't pay rent, etc.
Your son might attempt to claim some ownership interest in the house, but sole ownership of the property, obviously, with the passing of your husband, can only be invested in you.
The real estate agents have a legitimate concern
regarding your son representing what amounts to a hostile tenant situation, making the house difficult, if not impossible to show to prospective buyers. Therefore, you must commence action to have this "unlawful tenant" evicted by filing in Virginia what is called a Warrant For Unlawful Detainer in the general district court where the property is located.
Re: My son lives in the house but won't pay rent, etc.
Contact an attorney in the county where the property is located and retain him/her to institute an eviction action -- called "unlawful detainer" in VA.
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