What can I do to make my husband pay the mortgage while we divorce?

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, you might consider abandoning the property in your bankruptcy to avoid further obligations. Check with your attorney to see if this is a viable option and whether you can amend your plan. If you plan to claim the home in the divorce, it may be wise to continue making payments as you are now. The issue of your husband repaying you can be addressed during the divorce proceedings or through an 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.