Gainesville, VA asked in Family Law for Virginia

Q: Want to leave unhealthy relationship. We Co own a home. He refuses to sell and can't buy me out. What can I do?

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1 Lawyer Answer
Thomas H. Roberts
Thomas H. Roberts
Answered
  • Richmond, VA
  • Licensed in Virginia

A: You question refers to an "unhealthy relationship" rather than a marriage. Assuming that it is not a marriage where divorce and equitable distribution is available, you should try to work something out with the 50% owner. However, if you can't work it out, you may petition the court to sell the property and divide the proceeds - this is called a partition action. It is governed by § Va. Code 8.01-81 which reads in pertinent part as follows:

Tenants in common, joint tenants, executors with the power to sell, and coparceners of real property, ..., shall be compellable to make partition and may compel partition, but in the case of an executor only if the power of sale is properly exercisable at that time under the circumstances; and a lien creditor or any owner of undivided estate in real estate may also compel partition for the purpose of subjecting the estate of his debtor or the rents and profits thereof to the satisfaction of his lien. Any court having general equity jurisdiction shall have jurisdiction in cases of partition; and in the exercise of such jurisdiction may take cognizance of all questions of law affecting the legal title that may arise in any proceedings, between such tenants in common, joint tenants, executors with the power to sell, coparceners and lien creditors.

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