San Diego, CA asked in Estate Planning, Real Estate Law and Landlord - Tenant for Virginia

Q: I'm looking for a legal service to take on joint partnership in a fixit upper property. My partner is refusing to sell.

I bought a fixit upper property from an auction with a partner to fix the house and sell it. After remodeling the house, my partner rented the property for the last 5 years to 3rd. party and refused to sell nor give me my share of the rental income. The deed in both our names half and half.

Due to my financial constraints, I'm looking for a legal service that takes an initial small payment on the case and then collect the remaining balance after the case is settled.

If you can help, please let me know.

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

A: If this property is in Virginia, the correct pleading is a Petition for Sale in Lieu of Partition, and, under Virginia law, the legal fees are paid off the top from the sale. As such, most attorneys will want some form of retainer to cover the initial fees, but those can be reimbursed at the end, and the bulk of the fees will come from the sale.

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