Q: My intended owns property in Virginia with her son.
She wants to know if she can go to a Virginia court and sell it like in Delaware
Son has defaulted on a mortgage in Delaware and she wants to sell off property owned by both of them.
A: The petition is called a Sale in Lieu of Partition. In Virginia, there is a Code provision that reimburses the legal fees out of the proceeds if the sale. Don’t let the son’s default destroy his mother’s credit. If they are tenants in common, the petition is routine, but a bit much for a DIY project, and, once he talks to a lawyer, the son should consent rather than run up legal fees on a hopeless defense. If Mom feels bad for the kid, give him enough more than his share for a down payment in his own name.
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.
