Partition of Real Estate in Virginia | Attorney
There are many reasons that two or more persons might have an ownership interest in real property: inheritance, co-purchase, former marriage, etc. Unfortunately, sometime these co-owners of real property cannot agree on an appropriate course of action for the property they jointly own. Whether you are interested in a physical partition or a forced sale of real estate, we are able to help.
Many times the decision to seek a legal remedy against a co-owner of real estate does not come easy. When clients come to our with a potential dispute over real estate, we will work together to explore ways in which we can seek a remedy without resorting to a lawsuit. If other means of partition or sale are not readily available, clients often have no other choice than to seek to seek judicial relief through a partition suit.
What are some examples of problems co-owners of real estate might encounter?
One of the owners might want to sell while the others do not. This often occurs when one person has more of a personal connection to the real property. For example, siblings sometimes dispute what should occur with their mother’s home after she passes away. In these instances, decisions are often driven by emotion and not sound financial decisions.
Sometimes co-owners of large plots of land argue over what should be done with the property; they cannot agree on anything related to the management of the property. When this occurs, the owners can seek a partition in kind, which is a physical split of the property.
One owner of the property might possess the entire property at the exclusion of the other owners. When this occurs, the ousted parties may be able to seek monetary damages in addition to partition or forced sale of the property.
What if I have been making improvements to the property?
A very common question is whether a party can be reimbursed for expenses they have incurred with relation to the property. For example, one party may have been paying for the upkeep or taxes on the property while the other owner gets a free ride. If this is true in your case, compile a list of all the money you have spent to make improvements or repairs and bring them to your initial consultation.
Partition of Real Estate Attorney | Richmond, Virginia
