Henrico, VA asked in Real Estate Law for Virginia

Q: My mom / dad cosigned a house together they split up was never married my mom made all the payments she passed away last

Month i paid the remaining balance they they sented the title to me but my dads name is still on it and he wont sign it over to me what should i do im the only child i own the land as well

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

A: We'd need much more precision to be able to advise you. If title was in the name of both of your parents and was purchased during the marriage and they never divorced or altered title before your other died, then your father has title. Your or your mother's payments are probably irrelevant. If the property is held as tenancy in common, and if they weren't married, and if you are the only heir at law, and if there is no will, you may have a right to an interest in the property. If you have an interest in the property, you may have a right to sale in lieu of partition which you may be able to enforce independently or when you open a proper probate estate. The best bet is to start with a Virginia real estate lawyer, pull a title abstract, and evaluate title.

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

A: You asked this question twice - here's my answer to the other version:

You question leaves out a lot of information that is needed for us to provide an answer. This forum is designed and good for simple, general questions that will get you to the 'next step' for legal situations. Sometimes all people need is a simple answer. From the facts you’ve given, it seems that you need a lot more than an internet answer. Find and sit down with an experienced attorney in your area – there is a ‘search’ feature that can help you.

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