If I’ve just discovered that my sister and I are listed as the deed holders on my late father’s home and she resides in the residence, how can I start procedures to sell the property?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I’ve just discovered that my sister and I are listed as the deed holders on my late father’s home and she resides in the residence, how can I start procedures to sell the property?

What are my options?

Asked on February 16, 2016 under Real Estate Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

I'm assuming that your sister doesn't want to sell since she's living there. If that's the case, then the law provides a legal remedy known as "partition". This is employed when co-owners of property (real or personal) cannot agree as to ownership matters (e.g. whether or not to sell). In an action for partition, a judge can direct that the property be divided and each owner receive their equitable share. However, when division is impractical, such as in this case, a sale of the property will be ordered. Since tiis is a time consuming and costly procedure, you really should try and explain all of this to your sister. If that desn't work, then consult with directly with a local real estate attoreny; they can best advise you further.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption