Legal Question in Family Law in Virginia

''hold harmless'' wording in property settlement

My husband & I are trying to buy a home. Because he is still on the mortgage of his ex-W home(she will not refinance),we are unable to do so. (Divorce final in 1996)The property settlement provides that he relinquish all right and interest in and to the property(he signed over the deed in '96), but it does not say she must refinance. It does, however, provide that he be held harmless & able to enjoy the lifestyle to which they were accustomed to during their marriage (wording included below). Because she has been late with payments (as recent as 11-04) and will not refinance, he is not being ''held harmless'', nor able to ''enjoy...'' His VA eligiblity is also tied up in that mortgage. I know I'm reaching here, but is there anything we can do?

Thanks.

H&W covenant that wherever they have held each other harmless in this agreement, the ''hold harmless'' provision shall be in the nature of spousal support&nondischargeable in accordance with Fed Bkrp Law. H&W have agreed to this,in consideration of their desire to establish financial stability for each other,to enable each to maintain the life-style to which they became accustomed during their marriage & upon consideration of the incomes of both parties & their respective assets.


Asked on 8/15/05, 9:56 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: ''hold harmless'' wording in property settlement

The attorney who represented your husband in his divorce(hopefully he had one) should have included a provision in the PSA(property settlement agreement) whereby his former wife

would've been required to obtain a new mortgage in her name only, thereby releasing your husband

from his obligation to pay the marital mortgage.

The "hold harmless" phrasing which you've referenced is standard boilerplate in virtually all property settlement agreements and I doubt very much that the circumstances which you've described would be a viable basis to have your husband's former spouse brought back into court on contempt charges.

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Answered on 8/15/05, 11:06 am
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: ''hold harmless'' wording in property settlement

as im sure you have been told and may already know there is nothing you can do. hold harmless means if he is sued he can sue her. thats it. he does not own the land but does owe the debt. for that he has himself to thank.

sorry

good luck

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Answered on 8/15/05, 8:17 pm


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