Legal Question in Family Law in Virginia
How Do I Get My Name Off My Past Joint Marital Domicile?
My divorce was finalized in October of 2001. My Property Settlement was put into effect in April of 2001. Below are the exact words from the property settlement regarding the marital domicile. My ex has tried to refinance the house 2x without any luck and refuses to sell as he cannot be qualified for a different house. What can I do to make him sell in order to remove my name from the mortgage and to remove the liability from my credit????
Property Settlement Wording:
Fourth: Marital Domicile. The Husband shall have exclusive use, possession and title to the marital domicile. The Husband shall pay the outstanding mortgage on the property and all taxes, insurance and maintenance costs on the property. The husband shall be responsible for all costs incurred in transferring joint ownership to sole ownership. The Husband will make every reasonable effort to remove the Wife�s name from the property deed and any other document relating to the property (such as homeowner�s insurance) up to and including, if necessary, the refinancing of the domicile. The Wife agrees to deed her portion to the Husband. The Husband shall have exclusive right to claim the Internal Revenue Service deduction for interest on mortgage.
2 Answers from Attorneys
Re: How Do I Get My Name Off My Past Joint Marital Domicile?
I would inform him(in writing)that you'll give him until April 2003 to carry out this provision--
and then you'll see him back in court if it's not done by then.
Re: How Do I Get My Name Off My Past Joint Marital Domicile?
Under that part of the PSA that you have quoted, he is required to �...make every reasonable effort to remove the Wife�s name from the property deed and any other document relating to the property...including, if necessary, the refinancing of the domicile.� The issue here is has he in fact made �...every reasonable effort...� to accomplish that. I suspect that most courts would not view the efforts you have described as �...every reasonable effort...� to accomplish that end. Thus it may be useful to go back to court to force him to live up the the agreement.
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