Can a court force me to give up my property rights for a reverse mortgage?

Full question:

I have 40% vested interest in a house. The house was paid for long before my fathers death. Former wife was ordered to sell the house to settle the estate. She did not sell it and has filed Chapter 13 bankruptcy. She proposes to get a Reverse Mortgage and give me a mere fraction of what I would receive if she sold the house. Can the Court force me to sign away my rights to the property so she can get the loan?

• Category: Divorce
• Subcategory: Property Settlements
• Date: 04/07/2025
• State: Virginia

Answer:

The answer depends on the specifics of your case. It's important to clarify how your 40 percent interest in the house was established. If it was part of your divorce settlement, the court may compel you to comply with that agreement using its contempt power. If the property settlement was incorporated into the divorce decree, it becomes enforceable through the court. If it was not part of the decree, it would require a breach of contract lawsuit for enforcement.

If the court ordered your former wife to sell the house as part of the probate process and she fails to do so, she may be held in contempt. As an executor or administrator of your father's estate, she has a fiduciary duty to act in the best interest of the heirs. This includes a duty of loyalty, meaning she must act solely in the interest of the estate and avoid conflicts of interest, and a duty of care, requiring her to perform her duties competently.

To establish a breach of fiduciary duty, you must show: (1) a trust relationship exists where you rely on her, (2) she breached her duties, and (3) you suffered damages. Defenses to such a claim may include the statute of limitations, lack of a fiduciary relationship, lack of standing, approval by you after full disclosure, or the business judgment rule.

We recommend consulting a local attorney to review the details of your situation.