Legal Question in Family Law in Virginia

My wife and I had a verbal agreement (also in writing but never signed) that we would cohabitate until we could agree on a way to get out of underwater mortgage. she is now moving out after over a year. Can I sue in civil court for breech of contract? Damages for causing disparaging reports to my credit file?


Asked on 4/04/14, 9:16 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

I doubt such an agreement could be enforceable even if it were in writing

and signed "by the parties to be charged", The provision "that we would cohabitate until we could agree on a way to get out of underwater mortgage" seems nebulous and might well be interpreted as "never"and therefore not reasonably performable by either party within a reasonable timeframe and thus rendering the contract invalid and unenforceable (my opinion).

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Answered on 4/05/14, 7:20 am


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