Can you sell a jointly owned house in Virginia if one partner refuses?
Technically, you cannot be able to sell the entire property without the consent of all owners listed on the deed. However, you can file a Partition Suit (VA Code S. 8.01-81). Under Virginia Law, a judge can force a sale of the home at the auction in accordance with the Partition Suit. However, it can take anywhere from 12 to 24 months and $10,000+ in legal fees alone. Most Virginia homeowners will find this to be a waste of time and money. For those reasons, selling the home “as-is” to a cash buyer will be the better option. Integrity Cash Home Buyers can help settle a buyout or a voluntary sale so that you and your partner can walk away clean in 7 to 14 days.
I played a guest starring role, if you will, in a divorce drama last week. It wasn’t on television, but rather at a kitchen table of a home in Virginia Beach. The woman who stayed at the house decided it was better off to sell and move on with her life. Her ex-husband’s name was on the deed as well. Not to mention, he didn’t want to sell the house despite leaving it months earlier.
The ex-wife told me that she was probably going to file a Partition Suit with the courts, which can be done under Virginia Law. The ex-husband told me in a separate conversation that he didn’t want to sell his 50 percent because he said it can’t be done. I had to gently remind him that the house can be sold even though he does need to sign the paperwork.
I’ve dealt with property disputes like this almost weekly. My team and I at Integrity Cash Home Buyers can buy your house. But it may be a good idea to work with us rather than waste the next year or two of your lives (and not to mention tens of thousands of dollars). Both you and your partner can agree to sell the house, each of you get a piece of the proceeds (and we’ll make sure you each get half at least).
House Title with Two Names: The Legal Reality of “Selling Without Consent”
The good news is not all property disputes involve bitterly divorced couples like the one I just talked about. These property disputes I’ve seen involved business partnerships going south and siblings not speaking to each other for months. Honestly, I lost count of how many times I was able to wedge myself in these property disputes and tell them to skip the “red tape” and sell as-is.
At the same time, I also tell them that here in Virginia, both parties are joint tenants or tenants in common. They both have equal rights to the property. I also remind them that they cannot sell the entire home without both signatures if they go the traditional route. One owner told me that he was interested in selling his share, but I told him it wasn’t going to be easy if you were simply going to list it on the MLS.
No traditional buyer is not going to purchase half of a house. They want the whole thing. That’s as frank as I’m going to get about that. Besides, you wouldn’t want to live in a place with someone you really don’t know right? A legal headache is the last thing you and your partner need.
Selling your half isn’t as simple as you think. Especially if you are going the traditional route that will cost you who knows how much money when the deal is finally said and done with. Instead, a cash offer in Virginia Beach could be the better option. Especially when you learn more about the partition action that you need to take if you plan to sell the old-fashioned way.
The “Partition Action” in Virginia: What Happens When the Court Steps In?
In such property disputes, it’s easy to see communication breakdown. One partner wants to sell and the other doesn’t. Yet, Virginia law provides a clear path known as a partition action. Under Virginia Code S 8.01-81, you could request the court to step in and force a resolution. The court can do one of three things:
- Partition in Kind: The court physically divides the property. With single-family homes it’s near impossible.
- Partition by Allotment: This is a situation where one owner buys out the other. Sounds easy until you find out the real truth. It works if one party has the money or financing. I can hazard a guess that neither of you may have that, let alone the satisfactory financial standing. Even if one owner has financing, it’s still going to be a problem.
- Partition by Sale: The court orders the home to be sold at auction, which is the most common outcome.
But the thing to remember is that this is not the solution. It will create more problems that will be difficult to go away. Why go through all that trouble when you can sell your house in Portsmouth and get a cash offer that will be fair for you and your partner?
The Hidden Pain: Partition Lawsuit Cost in Virginia
I haven’t even uncovered the costs of a partition lawsuit. But I’m about to. I cannot believe how much money people are throwing away in such property disputes. These are the numbers that I can give you:
- Attorney fees will set you back $5,000 to $15,000+
- Court costs and filings
- Appraisal and referee fees
- 12-24 months of waiting
When a court orders a sale, it’s public knowledge. Plus, it’s done in a hasty sort of way and the price is listed way below the market value. Strictly speaking, you’re going to lose a lot of equity after the dust settles. I shake my head just thinking about those stories I hear about homeowners losing tens of thousands of dollars hoping the courts would resolve the situation. How much you will pay if you sell your home the traditional way can be a shock to you.
Why “For Sale By Owner” (FSBO) Fails in a Partnership Dispute
I had one client in Norfolk consider the For Sale By Owner (FSBO) option. He called to ask me a question about whether it will help avoid legal fees. I told him no and outlined some of the reasons why. First, I told him that traditional buyers or even FSBO buyers will know what’s up when they learn about why the house is being sold (i.e – the property dispute). Plus, if there is no unified decision making, why should they waste their time? Finally, I told him that he would be in for a long ride if he decided to go the FSBO route.
That length in time he’ll lose will also cost him dearly in the form of property taxes, insurance costs, and maintenance issues that need to be fixed. Since we buy houses in Norfolk, my team and I will worry about the critical repairs after you and your partner agree to sell.
Option 1: The Buyout Partner Home Equity Strategy
A buyout may be the cleanest solution if one person wants to stay in the home. But there are major problems that will pop up. Sure, you can crunch the numbers like the home’s current value, subtracting the mortgage balance, and everything else. Yet, the interest rates are getting higher. I’m also hearing that the lending requirements might start getting tighter. Oh and don’t get me started on those increased monthly payments you could be facing.
Things will stall from there. Instead, you can let a professional home buyer provide you with a cash offer. To know how our process works, you can contact my team and I as soon as you can. From there, we’ll do a property discovery and walk through the property while estimating in our heads the best cash offer for you and your partner.
Option 2: Selling a Home During a Breakup or Separation
I’ve been in situations where neither person wants the house. On paper, this is the perfect situation for partners who are separating or breaking up. You both want a clean break and it’s not worth the legal effort, the time, or the month to hang onto the house for as long as possible. Best option in this scenario is to talk to my team and I as soon as possible. No open houses, public listings, or drawn out negotiations. You get your share of the cash offer, as does your old partner, and that’s a done deal. A silver lining to this cloud is a clear path to selling a house that you both no longer need.
How Integrity Cash Home Buyers Resolves the Deadlock
Cash buyers like Integrity Cash Home Buyers resolve this deadlock fast. You get a real number without the closing costs, repair fees, or anything like that. As we are a neutral third-party, we won’t take sides nor will we emotionally invest in the situation. What my team and I do is simple, look over the property, give you a cash offer that allows you to sell the home as-is, and that’s how it works.
As for the complicated stuff like title issues, missed payments, tax issues, and repair disagreements, don’t worry about that. We’ll have it handled. You close within 7 to 10 days rather than waste days, months, or even years. How does that sound?
FAQ: Navigating Property Disputes in Virginia
Can I sell my half of the house to you?
We typically buy the entire property. However, a cash offer can be the catalyst that allows one partner to buy out the other or even agree to a total sale.
What happens if one person wants to sell a house and the other doesn’t in Virginia?
A partition suit would be the option if there isn’t an agreement. Instead, it may be a good idea to consider a firm, “as-is” cash offer from our team. Not only that, it shows that a reluctant partner can see that a clean exit is way better than a long, dragged out, costly legal battle.
How much does a partition sale cost?
Tens of thousands of dollars. As I mentioned earlier, legal fees, property taxes, insurance, and the loss of equity stemming from a “fire sale” price on the courthouse steps. In truth, it’s a lot and it’ll financially hurt both you and your partner in the long run.
Conclusion: Don’t Let a Legal Battle Eat Your Equity
Why be held prisoner to your partner’s “no” when you can sell the house as-is to us? No lookie-loos that are not serious buyers, no continuous arguments. It’s a neutral, fair cash offer that will give you and your partner a way out. Ready for what possibly can be the easiest decision of yours and your partner’s life? Schedule a property discovery with Integrity Home Buyers and we’ll get to work.
