A Virginia condominium unit is purchased by three investors — Angela, Ben, and Clara — as tenants in common, each owning an undivided one-third interest. Angela wants to sell her share but Ben and Clara refuse. What legal action can Angela pursue in Virginia to resolve this dispute?
Correct Answer
B) Angela can petition a Virginia court for a partition action to divide or sell the property.
Under Virginia law, any co-owner in a tenancy in common has the right to seek partition through the courts. A partition action allows a court to either physically divide the property (partition in kind) or, when physical division is impractical (as with a condominium unit), order a sale of the property and divide the proceeds among the co-owners. Angela does not need Ben and Clara's consent to file for partition.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
The bundle of rights describes the rights associated with property ownership, allowing owners to use, control, enjoy, exclude others from, and dispose of the property.
Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.
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