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.


Asked on 5/17/10, 11:13 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

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.

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Answered on 5/22/10, 11:31 am


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