Legal Question in Real Estate Law in Virginia
In December 2007, I purchased a home with a live-in boyfriend.We both are on the mortgage and deed. In April '08, he deserted me and the home. He made no financial payments towards the mortgage at any tiome. After he moved out, he virtually disappeared, and his family has been no help in finding him. He has legal and mental/emotional issues that have caused involuntary detention in both jail, and for mental evaluation with the VA system. I managed to contact him and arrange to meet him at a neutral location to have him sign a Deed of Gift. Instead, he showed up the door looking disoriented and confused. I gave him a ride home, and he was arrested and detained for mental evaluation later the same day. I do not know where to reach him, and fear contacting him. I would like to remove him from the mortgage and deed - he has paid nothing since we closed on the home. He is obviously not coming back.
1 Answer from Attorneys
I'd say you're stuck with paying the mortgage for the forseeable future unless you want to try and unload it via a suit in the local circuit court for a judicial sale of the property in lieu of partition (which likely would not be a good idea if the fair market value of this property is currently substantially less than what's still owed on the note).