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Permanent Injunction In Partition Suit In Virginia
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Injunction – Disadvantages Aside from specific performance, where a court forces a party to fulfill a contractual obligation, it is more difficult to use an injunction to force another party to do something. Also, parties may have only a limited amount of time to petition the court for an injunction.
Injunction to protect plaintiff in suit for specific property. An injunction may be awarded to protect any plaintiff in a suit for specific property, pending either at law or in equity, against injury from the sale, removal, or concealment of such property.
Every circuit court shall have jurisdiction to award injunctions, including cases involving violations of the Uniform Statewide Building Code, whether the judgment or proceeding enjoined be in or out of the circuit, or the party against whose proceedings the injunction be asked resides in or out of the circuit.
§ 8.01-623. Injunction against decree subject to bill of review; limitations to bill of review. A court allowing a bill of review may award an injunction to the decree to be reviewed.
Every circuit court shall have jurisdiction to award injunctions, including cases involving violations of the Uniform Statewide Building Code, whether the judgment or proceeding enjoined be in or out of the circuit, or the party against whose proceedings the injunction be asked resides in or out of the circuit.
§ 8.01-623. Injunction against decree subject to bill of review; limitations to bill of review. A court allowing a bill of review may award an injunction to the decree to be reviewed.
You can (well your wife can), but that doesn't mean it's necessarily a good idea. Partition actions can sometimes get complicated. I would at least consult with a couple local real estate attorneys.
A permanent injunction is a court order requiring a person to do or cease doing a specific action that is issued as a final judgment in a case.
To initiate a partition lawsuit in Virginia, a co-owner must file a complaint in the circuit court of the city or county where the property is located. The complaint should outline the details of the co-ownership, the nature of the dispute, and the requested relief (division or sale).
If your want to lift the injunction, you have to file a Motion to Dismiss the injunctions and set it for hearing in front of the court that issued the injunction. You will have to attend the hearing and explain to the judge the reasons you are no longer in fear of the Respondent and why you want the injunction dropped.