Legal Question in Real Estate Law in Virginia

Deeds

I am divorced from my wife, and am a co-owner on a home. I signed over the deed to her after the divorce through the Court. She was esponsible for refinancing the mortgage to remove my name. It has been some time now and I am trying to purchase another home but hit a wall due to this situation. My question is this: Can she be given a time period in which to get this done, and if not done can she be brought to court, and be ordered to get it done or face the consequence of judge ordering the house to be sold to remove the debt from me since I am no longer the owner of the home?


Asked on 11/11/04, 2:15 pm

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

Re: Deeds

Unless it was clearly spelled out either in your Propertly Settlement Agreement(PSA)or somewhere else in the Final Decree that your former wife

would be required to refinance the mortgage (or at least attempt to)on the house in order to remove your name, you would have no basis to bring her back to court on contempt charges.

A provision which merely stipulated that you would

execute a quitclaim deed to convey your interest in the property without explicitly specifying her

responsibility to refinance would not be enough even if there was an unwritten agreement that she

would seek to refinance the mortgage on the property.

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Answered on 11/11/04, 7:16 pm


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