How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LawTalk Your Own Question
LawTalk
LawTalk, Attorney
Category: Estate Law
Satisfied Customers: 35390
Experience:  I have more than 25 years of experience in the practice of law.
15277592
Type Your Estate Law Question Here...
LawTalk is online now
A new question is answered every 9 seconds

My brothers and I own a house in VA, youngest brother has

Customer Question

My brothers and I own a house in VA, youngest brother has been living there and not paying rent, for the past 8 years. Now we found out her has not paid taxes since 2011. we would like to sell the home, he will not let realtors in?? The home is in virginia
Submitted: 1 year ago.
Category: Estate Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Absent cooperation from all owners of the property in the sale of the property, you are left with only one option and that is that you, with or without your other brother, file a Partition lawsuit against the brother in possession. Here is a link to a brief discussion of the Partition law in Virginia: http://www.partitionaction.com/states/virginia/

The action for Partition specifically is used when one or more owners of a property want to sell the property, while other owners do not. All owners must be named in the suit either as plaintiffs or defendants.

The court will order that the property be sold and the equity remaining after sale divided according to the percentage ownership of each owner.

Alternatively, the court will allow one or more of the owners to buy the ones out that want to sell---but that will only work here if your youngest brother has the ability to buy you out and keep the property for himself.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug