Legal Question in Family Law in Virginia

Abandoment or disertion.

How long does a spouse have to be gone to be call an abandoment or disertion? How can you get your spouse to paid the mortgage payment when it is in both names, but no children is involved. Just before he left he got to large loans and now I'm stuck with the bills. I have bankruptcy in progress. My credit was number one. I need help please.


Asked on 4/30/03, 3:21 pm

2 Answers from Attorneys
Wayne Comer Wayne E. Comer, Esquire

Re: Abandoment or disertion.

The length of time could be one day. It all depends on evidence of INTENT.

Regarding the mortgage note, if you signed it, it must be paid but I'm not quite clear that each loan was secured by the home? It may be that your only recourse is to file a suit to force the sale of the home by "partition", which is much preferred over foreclosure. If your spouse kept the loan proceeds, there might be circumstances which give rise to a complaint of fraud and a basis of suit.

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Answered on 5/01/03, 10:54 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Abandoment or disertion.

Abandonment can be claimed anytime after one spouse reasonably believe that he or she has been

abandoned by the other. There is no statutory time frame for it.

Since you're joint signatories to the mortgage contract and, consequently, each of you is liable for the whole amount of the mortgage, you must contuinue to pay even if your fugitive spouse does not.

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Answered on 4/30/03, 8:14 pm


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