r/legaladvice • u/va_throwaway6429 • 9h ago
Real Estate law Buying a home and seller's partner is refusing to leave
Location: Virginia
My partner and I are first time home buyers, and were over the moon to find a good sized home that was in our price range. We met with the seller (S) who lived in the house with their partner (P) and their three kids. Our initial meeting went well, with S telling us they were planning to move to a bigger home so they would have more room for their kids.
In April, we signed a sales contract and paid the deposit with the closing date set for October 21st. Part of what was discussed and included in the contract was that S and their family were to have a week after closing to fully move out. The lease on our current place is set to expire in November, and we thought having a few weeks to take our time moving in would save us a lot of stress, but it looks like we aren't so lucky.
Unfortunately, in the intervening months S and P have decided to split up, and we were informed this morning that P has stated they won't leave the house until after they've completed divorce proceedings. The problem is the hearing they have scheduled won't be until after the new year...
S has told us that the deed is in their name alone. While we're sympathetic to their issues, both my partner and I come from divorced households and so we don't have any expectation that this will be the only delay.
My question is what are our legal options here? I don't know how long they've been married, but I don't believe P can stop the sale. If we continue on with our original agreement of closing on the 21st, would P have to vacate? Would we have to go through the eviction process? Would either of them be on the hook for costs we incur for the delayed move?