Legal Question in Family Law in Florida

VA Entitlement

How may a veteran protect his VA entitlement and prevent a substantial loss by becoming liable to the VA should the home go into foreclosure after divorce? The former spouse is unable to release the veteran from the mortgage and refinance the former marital home in her name alone. The veteran was not allowed to sell the home by order of the Court, but was relinquished of all right, title and interest in the property. The property was quit-claimed to the former spouse who is now the sole and exclusive property owner. The divorce decree orders a ''good faith'' effort to accomplish release and refinance by a set date, 3 years following the order. During the 3-year period, the former spouse has filed bankruptcy and made 4 late mortgage payments within the last two years and received a foreclosure warning. The decree allows for two additional years to accomplish this before the veteran has the right to seek all judicial relief before the Court to unburden his entitlement. It is highly probable that the former spouse will not prevail in refinancing the home given her historical financial history, which places the veteran's VA entitlement and liability to the VA at risk.


Asked on 7/12/02, 9:49 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: VA Entitlement

To protect your VA entitlement, as well as your general credit history, and to forestall foreclosure proceedings, you may have to make

part or all of the mortgage payments until you can

seek complete judicial relief, which, from your

perspective, would involve asking the court to order the house sold and you reimbursed from the proceeds of the sale for the amount of your mortgage payments.

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Answered on 7/13/02, 12:29 pm


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