Q: How it going my name is mr Allen and I am writing bc I live in a family owned home and family member trying to evict me
Grandparents died and left it to the family, my mom is trying to dictate and kick me and my fiancé and kids out and I told her she has no authority her name isn’t on the deed and it’s a family home. She went and made a homemade eviction notice giving us 30 days
A:
There is no such thing at law as a "family owned home." The property is owned by some one or some specifically named individuals. If the property was not deeded or willed to the next generation, then it passed by intestacy. Sometimes, it is difficult after a hundred years or so, particularly in large families, to identify the current title holders, but there are title holders. Knowing the title holders and the nature of their title is required in order to advise you as to your rights. That starts with a title abstract.
If you are one of the title owners and you hold as tenant in common, you or any other tenant in common has a right in Virginia law to occupy. But, you or any other tenant in common has a right in Virginia law to seek sale in lieu of partition. If your mother is not the title owner and you are, then she cannot evict you. You merely need to plea title and be prepared to prove it. But, other title owners may seek sale, and that will evict you and, ultimately, pay you your share of the proceeds. It might be wise to get ahead of this by seeking counsel, but you should not allow yourself to be bluffed into moving out.
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