Both our names are on the deed but only hers on the Mortgage, we have parted, what are my options as far as the property goes. We were not married.

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Both our names are on the deed but only hers on the Mortgage, we have parted, what are my options as far as the property goes. We were not married.

Can I force her to sell the property and divide the money or can I force her to buy me out. I moved out 16 months ago and now live in MA she still lives in the house in VA. The deed says the surviver gets the Property.

Asked on May 21, 2009 under Real Estate Law, Massachusetts

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to talk to a Virginia real estate lawyer about this;  he or she will need to see the deed and find out all the facts, to give you reliable advice.  One place to look for qualified counsel is our website, http://attorneypages.com

In general, a situation like this would allow someone in your position to file a suit for "partition" of the property, asking the court to make a fair division of the property, if you can't come to an agreement with your co-owner (and trying to do this by agreement is usually the best thing do).  The court will decide what the buy-out figure should be, and if the property has to be sold, what each side's share of the proceeds will be.  Yes, the court can order the sale, if necessary.


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