What are my options for my marital home now that I am divorcing and in bankruptcy?

Full question:

I now live in Virginia and left an abusive husband in Pennsylvania where we have a home. My name is on the mortgage but not on the deed. The house was refinanced and when I signed I did not know I was not on the deed. We have been apart 4 years and I recently filed Chapter 13 Bankruptcy and for 5 years will be paying off debts. The mortgage is on my credit so I had to include this and because they take the mortgage out of my check and he is aware of this he does not have to make his payment. I want a divorce but what can be done in the meantime to make him pay this amount to monthly to me?

  • Category: Divorce
  • Date:
  • State: Virginia

Answer:

Do you have a bankruptcy attorney? Since your name is not on the deed to the property and you don't own an interest in it, did you consider abandoning it in the bankruptcy so that you would not have to pay. You might check with your bankruptcy attorney to see if that is an option and amend your plan. But if you intend to claim the home in the divorce then you may want to continue paying like you are now. The issue of him repaying you could be resolved in the divorce or by agreement with him.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Emotional abuse is not classified as a specific crime in Virginia. However, it can be a factor in domestic violence cases. Victims may seek protection under Virginia's domestic violence laws, which provide options for obtaining protective orders. If you are experiencing emotional abuse, it is important to seek help and consider legal advice.