Lawyers, Answer Questions  & Get Points Log In
Virginia Questions & Answers
2 Answers | Asked in Real Estate Law for Virginia on
Q: Is a listing agreement that doesn't include the names of all the owners of a property valid?

There a three owners listed on the deed, two are deceased and not included as owners of the property on the listing agreement. The heirs of the deceased owners have been asked to sign the listing agreement. Can the exclusion of the deceased owners in the listing agreement create any legal... Read more »

Richard Sternberg
Richard Sternberg
answered on Feb 7, 2023

The listing agreement only binds the people who signed it. So, in Virginia, where title passes outside probate to the heirs subject to recapture by the personal representative to pay debts, the heirs are not bound by an agreement they didn't sign. They don't have to sell. But, if the... Read more »

View More Answers

1 Answer | Asked in Car Accidents for Virginia on
Q: My daughter got into an accident with my car and the police report proved the other driver that hit my car was at fault.

What would be the next steps. Their insurance company says they are still investigating and the police report does not prove anything. What should I do

Tim Akpinar
Tim Akpinar
answered on Feb 6, 2023

A Virginia attorney could advise best, but your question remains open for three weeks. I hope your daughter and others involved in the accident are okay. In terms of your question of what to do, if your daughter is contemplating a claim for injuries, she could try to arrange a free initial... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: Do you follow the laws of divorce for the state you file in, regardless of where you were married at?
James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Feb 6, 2023

Depending on the circumstances, a divorce is typically filed in either the state where the defendant resides, or the state where the plaintiff (filer) resides. The place of marriage is irrelevant.

Due process requires notice and an opportunity to be heard. Further, if property rights,...
Read more »

1 Answer | Asked in Child Custody and Family Law for Virginia on
Q: We share joint legal and physical custody and have “visitation as agreed upon by both parties”, how is that enforced?

My 15 year old no longer wants to visit every other week related to various changes at the home and her feeling like she’s never heard. What’s my best next move?

Can a show cause be enforced against me since there is no concrete schedule in place?

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Feb 6, 2023

That reads just like the kind of agreement reached in mediation - it is vague enough that both parties can interpret it to their own satisfaction. Unfortunately, there is not much that can be done to enforce it. Far better is to have a fixed schedule from which the parties can deviate if they so... Read more »

1 Answer | Asked in Libel & Slander for Virginia on
Q: Can an attorney modify a filed form on my behalf.
Derek Allen Colvin
Derek Allen Colvin
answered on Jan 31, 2023

There isn't enough information here to provide an answer. What is the "filed form" and what do you mean by "on my behalf"? An attorney may be able to enter a case as counsel of record and amendments may be permitted. Its unlikely that an attorney could, or would, modify... Read more »

2 Answers | Asked in Estate Planning for Virginia on
Q: My ex-husband left the majority of his money to our son in a trust. He also left $80,000 to two charities but did not

have the funds to cover same. Must the money for these charitable bequests be taken from my son's trust?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jan 31, 2023

Your question does not provide enough information for anyone to provide an answer. For example, we do not know if your husband is still alive or deceased. Either way, however, we also cannot see the precise language by which those bequests were made. The precise wording matters. For example, if... Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: I moved out before the end of the lease and keep paying rent but the landlord does not look for a new tenant. Can I sue?

The landlord started renovating the apartment instead of looking for a new tenant.

Ross Cameron Hart
Ross Cameron Hart
answered on Jan 29, 2023

You may be entitled to a refund for the period after the landlord began renovations of the rental unit. There is a difference between 'renovations' (serious work such as upgrade kitchen, bath, etc) and 'turnover' (new paint, possibly replace old carpet, etc). Also consider the... Read more »

1 Answer | Asked in Banking, Civil Litigation and Education Law for Virginia on
Q: Does VA law require a notary to sign when notarizing a document?

A document that I recently had notarized by Bank of America is being rejected by my university on the grounds that the notary hasn't signed it. While attempting to research this online, I have yet to find definitive answers.

Derek Allen Colvin
Derek Allen Colvin
answered on Jan 26, 2023

There are seven (7) items required for the notary to state on each document being notarized:

1. The name of the county or independent city in which the document is signed

2. The date the document is signed.

3. The notarial statement – what is being notarized (i.e. a...
Read more »

1 Answer | Asked in Divorce for Virginia on
Q: Hi For the past year I have been bullied and harassed by my wife to agree to her divorce and now i am under duress

My wife filed a false protection order then false claims I broke the protection order and I have text messages from her to our kids that if i sign her papers she will remove everything. I just recieved papers from her lawyer to sign but I do not agree however my wife holds control over me through... Read more »

John Michael Frick
John Michael Frick
answered on Jan 25, 2023

I recommend you not sign or agree to anything until you have retained your own lawyer to advise you.

1 Answer | Asked in Consumer Law for Virginia on
Q: We took our rv in for repair last fall. Guy kept saying backed up/ needed more time etc. He is now avoiding us.

We originally paid to store the RV but the owner also does repairs so we went ahead and had him do our external repairs. Was given a quote we agreed to. Maintained contact with him and when he was ready to start our repair he would not take a credit card over the phone so I requested he send me... Read more »

Steven Krieger
Steven Krieger
answered on Jan 25, 2023

At this point, I think you have to send a letter through a law firm or file a lawsuit. Hopefully, the RV is still at the property, but you really have no way of knowing (unless you can see it through the gate). I'm sure anyone who responds would be happy to help if you decide to retain a firm.... Read more »

1 Answer | Asked in Criminal Law for Virginia on
Q: Can someone with a nonviolent drug felony visit a home where the homeowner owns guns. In Virginia.

My nephew has a felony record for possession from a few years ago and was wanting to come visit me, but I am a gun owner and dont know if he is allowed to come and stay for a few days? I don't want to give up my firearm but don't want to get him in trouble.

Derek Allen Colvin
Derek Allen Colvin
answered on Jan 25, 2023

It is unlawful for a felon to be in possession of a firearm unless they have had their right to possess a firearm restored. Possession can be actual or constructive and is very fact specific. Actual is obvious, but constructive can be tricky. In court, the questions considered for constructive... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: how do I get a divorce based on adultery
James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Jan 17, 2023

A divorce is initiated by the filing of a Complaint in the appropriate Virginia Circuit Court. A divorce based on fault must include the basic elements of the fault ground that the Plaintiff will rely on, in numbered paragraphs in the Complaint. A party or counsel signing a pleading, such as a... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: have you even seen anyone receive jail time for getting two reckless driving tickets within a month of each other ?

the driver is 18 y/o and has had a clean record up until these two tickets; 90 in a 55 and 72 in a 45

Paula Hough
Paula Hough
answered on Jan 17, 2023

Yes. In some jurisdictions in Virginia, judges are giving jail sentences for excessive speed Reckless Driving charges. Your son should seek legal representation in the jurisdiction(s) in which he is charged.

1 Answer | Asked in Contracts and Collections for Virginia on
Q: How enforceable is a contract that was signed in Alabama but in confusing agreement, states it is signed in VA

I set up a contract unknowingly that forces me to travel to VA to defend and the provess is over-bearing

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 16, 2023

Without being able to read the contract, which we cannot do in this forum, nobody can give you an answer except that you should take the document to a local attorney to determine its enforceability. The likelihood is small that a mistake like that would render the contract unenforceable.

1 Answer | Asked in Real Estate Law and Estate Planning for Virginia on
Q: I would like to live in my house till I die and leave it to my son who lives with me. A neighbor said file a quick claim

I am divorced. want to file quick claim deed . Im

age 90 he lives with me now. a neighbor also said deed of gift

Richard Sternberg
Richard Sternberg
answered on Jan 16, 2023

Your neighbors are wrong. Giving away your property means giving away your property. It is your son’s property from that date, and he can put you in a nursing home or begin renovations immediately once it is his. The fee cheaper solution is a simple will drafted by a lawyer. If there are other... Read more »

1 Answer | Asked in Juvenile Law for Virginia on
Q: Can i (15 in a month 16) date a 23 year old legally? Im from the Netherlands and hes from Virginia.
Timothy Carignan
Timothy Carignan
answered on Jan 14, 2023

Most places do not have laws regarding dating; however, there are limits as to sexual contact. Typically, one cannot have sexual contact with an underage person (15-18, depending on the jurisdiction) if they are more than three years older.

1 Answer | Asked in Wrongful Death for Virginia on
Q: My mom was a cancer survivor and was seeing her oncologist every 6 months to be sure no cancer returned. In 2018 they

Found a spot on her liver, but ignored it and told her don’t worry. Fast forward to April 2021 she was in pain and made an apt. They made her wait till late July to come in, when she did, they ran tests and she was diagnosed with stage 5 terminal cancer that had already spread to her bones and... Read more »

John Michael Frick
John Michael Frick
answered on Jan 13, 2023

It depends a lot on everything that happened between 2018 and 2021, and whether the type of cancer she got was likely very curable in 2018 and 2019.

As a cancer survivor myself, I know that we hate those six-month and annual CT scans. But they are very important and universally...
Read more »

1 Answer | Asked in Real Estate Law for Virginia on
Q: Home buyout occurred and previous co-owner will not leave the home. How do I get them out

Inherited home. No mortgage on the house at time of inheritance. Buyout occurred late 2022 - co-owner (who is also the occupant) signed agreement stating that they would cede their ownership of the home upon closing - knew the co-owner would need time to move out, did not press for them to leave... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 12, 2023

You cannot evict a co-owner. A Partition Suit may be the only answer as apparently the so called buyout agreement should not have been entered into. A Breach of Contract action might also be filed, but the final result may not help. Consult with a VA attorney about this which may require a... Read more »

1 Answer | Asked in Divorce for Virginia on
Q: Do both parties have to sign a seperation agreement before the seperation begins?
James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Jan 12, 2023

Spouses can enter into enforceable separation agreements in Virginia. The agreement must be in writing and signed by both spouses, or recited in front of a court reporter. A separation agreement is not a requirement for a divorce in Virginia, although it allows a no fault divorce based on a six... Read more »

1 Answer | Asked in Traffic Tickets for Virginia on
Q: My daughter got a ticket for going around a vehicle, and appears to be a reckless driving charge

She is planning on take a driving improvement class before court. Is she able to ask the judge to reduce the charge? Does she need an attorney?

Paula Hough
Paula Hough
answered on Jan 4, 2023

It will depend on the jurisdiction in which she has to go to court. Different judges have different rules regaring driving schoo (i.e., for what charges school is eligible, how often in can be done, if it can be done in advance). You should reach out to a local attorney for advice.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.