Norfolk, VA asked in Real Estate Law for Virginia

Q: Can a sibling evict me from my home when both names are on the deed? She claims she is only required to give 30 days.

My sister has drafted a home made eviction notice and is stating I need to leave the home within 30 days according to Virginia law. Both of our names and two other siblings names are on the deed. She is also claiming there was a verbal agreement that while she moved into the home, that no other parties (siblings) would be occupying any space, but this is false. I am just looking for guidance for any next steps.

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2 Lawyer Answers
Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Virginia

A: A common co-tenant of the whole cannot "evict" another common co-tenant of the whole from the premises. The reason she has made mum her own form is that there is no lawyer who would draft one for her. What you need is a lawyer to file a petition for sale in lieu of partition so you can all leave the home and split the profits equally.

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Ross Cameron Hart agrees with this answer

Ross Cameron Hart
Ross Cameron Hart
Answered
  • Salem, VA
  • Licensed in Virginia

A: Mr. Sternberg is correct - all 4 of you own the house together and equally. This is called 'tenants in common' and you are 'co-tenants'. No co-tenant can prohibit another co-tenant from using - and living in - the property.

You may have to partition the property - and you need a lawyer for that. If all of you can't agree - in writing (and have a lawyer draw it up) what to do with the property then it'll have to be resolve in court. And that is expensive - expect to lose a lot of value to lawyers fees.

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