Legal Question in Family Law in Virginia
I divorced my husband in early 2008, and left him the house. In the financial agreement and divorce decree, he would be left the house under the pretense that he would soon refinance and take my name off of the mortgage. After many attempts at communicationg with him on my end, and him saying he was going to, then he couldn't...He kept going back and forth. Needless to say, no refinance yet, and it is now causing me financial hardship as I am going to try for a loan with my family, and I can't because of the outstanding mortgage.
1 Answer from Attorneys
Yes, "pretense" would appear to be the operative word in this
situation. One remedy would seem to be to bring him back into
the court that granted the divorce on what's called as Rule to Show Cause
to explain to the judge why he should not be found in contempt of
court and sanctioned accordingly for not follwing through with what he was
apparently obligated do to under the Property Settlement Agreement(PSA)
which was later incorporated into the final decree.