Manassas, VA asked in Real Estate Law for Virginia

Q: ex-Husband died without a will but im co-owner on the home mortgage, can i sell this home

His current wife still lives there she will not speak to me at this time, can i sell this home?

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1 Lawyer Answer
Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Virginia

A: You need a lawyer to review title to the house, the divorce decree, and the mortgage note. You aren’t providing sufficient information in your question, but if you don’t own the house, you can’t sell it. If you own part of the house, you can usually file a Petition for Sale in Lieu of Partition, and, in Virginia, the legal fees will be reimbursed from the proceeds. And, if it doesn’t place you in contempt of court or breach of a settlement contract, you can stop paying the mortgage and let the house go to foreclosure. Doing any of that without a legal review is like juggling sharpened knives naked. Eventually, you are going to get some nasty wounds and be humiliated.

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