Legal Question in Family Law in Virginia
property & mortgage
My husband and I recently seperated because of his alcoholism but somehow he has managed to stay in the house and me and my three kids are living with family. I do not want to continue to pay on the 1st and 2nd mortgage, especially if I am not living there. I want to sell but he doesn't want to. Is there a leagal way to force him to sell? We are also in the midst of bankruptcy.
1 Answer from Attorneys
Re: property & mortgage
Rather than filing a suit in the local circuit court to partition and have the property sold(with appropriate division of the sale proceeds),
it would appear that in your particular situation that you would be better advised to engage the services of an attorney to file a complaint in your behalf in the circuit court for temporary (pendente lite)support and maintenance and to secure an order requiring that your husband vacate the marital home while designating such home as the residence for you and the children until the property matters in the marriage can be appropriately resolved whether by agreement of the parties or through litigation.
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