Legal Question in Family Law in Virginia

If a couple has only been married for about 1yr 1/2 and they bought a home less than 6mnths ago and the husband got the loan in his name only but the house and land are in both thier names , what happens then? The wife has a child from a pre. marriage so if the Husband leaves what will happen? Can the Husband make the Wife refiance into her name only? Or what about the wife makeing him pay her for his half? How would that work and would the wife end up with nothing?

Asked on 12/14/09, 9:54 am

Michael Hendrickson Law Office Michael E. Hendrickson

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If the property is titled in both names, it is jointly owned by both spouses

and marital proeprty for all practical purposes irrespective of whose name

may be on the loan.

The husband cannot force the wife to refinance the loan in her name only.

The mortgage must continue to be paid each and every month by one

or both parties to avoid having the property go into foreclosure.

If one party happens to end up paying more than his or her share in order to

prevent the above from occurring, he or she should be appropriately

reimbursed for these extra expenditures when there has been a final

accounting of the marital finances and disbursement of marital assets

before entry of the final decree of divorce.

Answered on 12/21/09, 8:46 am

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