What can I do if mymother left her house and land to both my brother and I but he moved into the house without asking me?

I want to sell the house and land. What can I do?

Asked on March 4, 2012 under Real Estate Law, Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, each joint owner of real property absent a written agreement to the contray has the right to use the unit owned without permission of the other person. What your brother did was legal.

If you want to be bought out, I suggest that you make this desire known to your brother. If he is unwilling to buy you out, then your option to sell the property is to file a partition action with the court to have the court order that it be sold. The process is complicated and expensive. As such, I recommend that you consult with a real estate attorney about a partition action.

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