Legal Question in Wills and Trusts in Virginia

Legal rights to dissolve joint ownership of willed home

In my mother's will she left her home to my niece and myself. Since her death 10 years ago I have maintained the home (Taxes, Repairs, general upkeep, etc.). My niece to date has no desire to see the home and property thrive. Do I have any legal right to force a buyout of her half of the home? Can I request she pay or deduct half the expenses for the past ten years that I paid? Does punative damages come into play here?


Asked on 8/15/06, 11:02 am

2 Answers from Attorneys

Walter LeVine Walter D. LeVine, Esq.

Re: Legal rights to dissolve joint ownership of willed home

You do not say who is presently in title, the estate or the 2 owners, or if the Will gave you the right to sell the property. Also, you do not say who is living in the house. I would say, although it has been some time, that you bring a suit for partition, which gives you the right to buy her out or sell the property to a 3rd party. If you have been living in the house, you may not have any claim for reimbursement, as you would be required to pay her some rent as a co-owner. If the property has been rented, you might owe her an accounting. Many necessary facts are missing from your question that bear on what are your current rights. This is a response to an Internet question and the reply is not intended to be legal advice or create an attorney-client relationship. Different or missing facts could change the response.

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Answered on 8/15/06, 11:16 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Legal rights to dissolve joint ownership of willed home

If the property is located in the Commonwealth of Virginia(and apparently from your posting it is), you would be well advised to arrange for a consultation with an attorney knowledgeable in the law of real property as well as probate in the jurisdiction where the property is located.

From your thumnail sketch of matters, it would appear that a suit to partition filed in your local circuit court may well be the remedy which you are seeking.

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Answered on 8/15/06, 2:06 pm


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