Legal Question in Family Law in Virginia
Divorced, Home together
I am divorced and my ex husband and I are both legally written on the deed. We are currently renting but he won't agree to rent it again so he wants to sell it no matter what the loss, meaning we would have to pay on the loan. He says if I stop paying the mortgage he takes over the deed automatically and then he can do what he wants with the house. Is this true? What are my rights in the decisions about the house? He also says that I have to agree to sell because of a law about him having the right to move on and I can't hold him back by not agreeing to sell. Is this true?
2 Answers from Attorneys
Re: Divorced, Home together
No, it is not true, i.e., your husband's assertion that if you stop paying the mortgage that "he takes over the deed automatically and then he can do what he wants with the house".
Nothing could be further from the truth
since in that eventuality you would continue to remain a co-owner of the property every bit as much as he with the same rights as well as responsibilities.
Re: Divorced, Home together
I would suggest you consult an attorney and not your ex. Your stopping payment will not likely help you or your credit. There will likely be a sale if the payments are not made, and I doubt the documents give him anything "automatically." And I am not aware of the so-called law he is referencing. The "right" to travel and "life, liberty and the pursuit of happiness" will not help him here either. Unfortunately, there is no automatic right to "move on."
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