Legal Question in Family Law in Virginia

My husband and I are separated and will be filing for divorce at some point in the future. Right now I live in a house that we bought jointly and lived in for most of our time married. I do not wish to remain in the house and wish to sell it. Both of our names are on the mortgage. The house will not sell for the mount we owe on the mortgage and we do not wish to do a short sale. Being that both of our names are on the mortgage, does that make us both legally responsible for paying off the remaining balance? If my husband were to try to somehow hurt me financially thru the sell of the house, wouldnt that mean he would be hurting himself financially too? I am trying to make sure I do not get screwed financially by him when considering options for a loan.


Asked on 3/13/18, 8:17 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Yes, if both of your names are on this mortgage, "making both of you legally responsible for paying off the remaining balance", then you and your husband are joint owners of this

property and it cannot be (legally) sold unless both of your signatures are on the sale

documents indicating that both of you have approved of such a sale.

Office Tel. (703) 838-5577

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Answered on 3/15/18, 8:08 am


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