Legal Question in Real Estate Law in Virginia
My ex-wife and I purchased a home in Virginia in 2004. She never worked, and I have made all the payments. According to our divorce settlement agreement, I took possession of the home in 2009 and was supposed to re-finance to get her name off the loan/deed. However, due to the economy, my home is not worth what I owe right now. My ex-wife is threatening to "force" the sale of the home to get her name off. Can I be forced to sell the home for less than what I owe and hurt my credit? Won't it hurt hers too since she's on the loan?
1 Answer from Attorneys
All your former wife can do is to have initiated against you what's called a Rule
to Show Cause (as to why you should not be found in contempt of court for having failed to comply with the agreement). Then you (or your lawyer) would explain the situation to the judge that accounts for this noncompliance.
She cannot, however, "force" the sale of the marital home.
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