Legal Question in Family Law in Virginia
Failure to pay mortgage
In the divorce decree it states I have no rights to the property, but it also states it is the ex wife's responsibility to maintain the property and pay the mortgage. Upon a credit check of myself, it was noticed that she still has the property in my name, verbal agreement she was going to refinance, and she has been over 3 months behind on the mortgage for over a year. What can I do about this? Can she be held in contempt for not following her part of the decree?
1 Answer from Attorneys
Re: Failure to pay mortgage
Yes, you must file to have the case reopened and request that a Show Cause
Rule be issued to have her brought back into court to answer for why she should not now be found in contempt.
(Be aware, however, that there may be mitigating facts which would not warrant a finding of contempt, and, furthermore, there apparently is nothing in writing that would require her to refinance and remove your name from the house note.)
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