Roanoke, VA asked in Real Estate Law for Virginia

Q: Home buyout occurred and previous co-owner will not leave the home. How do I get them out

Inherited home. No mortgage on the house at time of inheritance. Buyout occurred late 2022 - co-owner (who is also the occupant) signed agreement stating that they would cede their ownership of the home upon closing - knew the co-owner would need time to move out, did not press for them to leave immediately. Drafted an occupancy agreement that they are refusing to sign. How would I get them removed from the home? Does this fall under a standard eviction even though they had no lease / refused to sign the occupancy agreement? Occupant has not paid any of the bills nor paid any mortgage against the house prior to inheritance.

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1 Lawyer Answer
Anthony M. Avery
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A: You cannot evict a co-owner. A Partition Suit may be the only answer as apparently the so called buyout agreement should not have been entered into. A Breach of Contract action might also be filed, but the final result may not help. Consult with a VA attorney about this which may require a Partition Suit.

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