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i seperated from my husband on nov 19, 2007. i left due to

 
 
 

Customer Question

i seperated from my husband on nov 19, 2007. i left due to willful non-support on my husbands part and i suspect that he has been unfaithful since. we have a home and a car that are probably our main assets. we have filed bankruptcy twice together and he has filed once by himself in the last 6 months. since i have been out of the house i have not contributed to the home. we have not had much communication about our future or about finances. this is my biggest worry. i have suggested the sale of the house to help with some/most of our debt which he refuses to do since it keeps me from benefiting in any way. i don't know what to do, how to start or what rights i have to the property that is partially in my name. his opinion is that i have no say since i moved out. he rented the property without my permisson and that went bad. the car is missing and no one knows anything(it is not drivable and therefore had to be towed). i need legal advice/help and i have no money. please help

Submitted: 1047 days and 5 hours ago.
Category: Legal
Status: CLOSED
 
 
 
 
 
 

Optional Information

State/Country of Question: Virginia

 
 
 
 
 
 
Posted by PaulMJD 1047 days and 5 hours ago.

Expert's Answer

What you need to do, since you have no money, is go to legal aid and also call the state bar about the pro bono attorneys in your area who can represent you. VA is not a community property state so all of the marital assets are divided equitably, which does not necessarily mean equally. Thus, the debts will be apportioned to the party to whom they belong and marital debts would be divided as close to equal as possible. If there were bankruptcies filed, then the debts now should have been extinguished. As a spouse, you are entitled to spousal support to maintain your status quo, based upon number of years of marriage and contributions of both of you to the marriage and his ability to pay. You would also be entitled to child support if there are children.


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1047 days and 4 hours ago.

Customer Reply

what do you mean by the debt being extinguished, just so that i understand. with him making almost 3x more than i do what is the likleyhood that he would pay spousal support and not me? we have been married for 13 years. i have contacted legal aid before and they said i did not qualify, i also spoke with a lawyer and they mentioned that he could possibly claim abandonment, what could this mean for me. i have always contributed to the household until i moved out.

 
 
 
 
 
 
Posted by PaulMJD 1047 days and 4 hours ago.

Expert's Answer

In the bankruptcies the debts incurred prior to bankruptcy should have been extinguished, meaning there should be little marital debt left. Any debt he incurred since you have been separated would be considered his personal debt and not yours and you should not have to pay that. As far as support, if he is making 3x your income and has the abilty to pay and you have the need determined by the court, then the court will award you support.

Your ex can try abandonment and you would counter with the non-support claim. If he can prove abandonment and the court doesn't buy his non-support, then you would not get spousal support, but if the court agrees with your non support issue, then you would qualify for support.

 
 
 
 
 
 
1047 days and 4 hours ago.

Customer Reply

even if the bankruptcy is not paid off? what would the court consider willful non-support and is there any way to force the sale of the house?

 
 
 
 
 
 
Posted by PaulMJD 1047 days and 4 hours ago.

Expert's Answer

If bankruptcy not paid off, then the court will determine who those debts belong to They will force sale of the house if neither party can agree on disposition of it or cannot afford to buy the other out, but unfortunately the market may not be in your favor on that.

 
 
 
 
 
 
1047 days and 4 hours ago.

Customer Reply

what about the courts view of willfull non-support

 
 
 
 
 
 
Posted by PaulMJD 1047 days and 4 hours ago.

Expert's Answer

Willful non support during marriage is a ground for divorce, but it is one of the more difficult ones to prove. There is no way to predict what the courts will do with those grounds, but if proven, they will rule in your favor and abandonment against you will be a non-issue

 
 
 
 
 
 
1047 days and 3 hours ago.

Customer Reply

can you give some general idea

 
 
 
 
 
 
Posted by PaulMJD 1047 days and 3 hours ago.

Expert's Answer

A general idea is if the debt is his he will be stuck with it. As far as spousal support, if you prove your contentions, it is a good chance you will get spousal support. As far as how much, since this is in the unfettered discretion of the court, there is no way for me to give you much of an idea.

 
 
 
 
 
 
1047 days and 3 hours ago.

Customer Reply

i'm sorry, i meant for the willful non-support. please don't think me crazy, i'm just anxious for some sort of direction. i've just been through so much with him

 
 
 
 
 
 
Posted by PaulMJD 1046 days and 19 hours ago.

Expert's Answer

Willful non-support during marriage occurs when partner refuses to contribute to marital community or pay for spouse when they are capable of doing so. Thus you have to prove he had money to contribute and failed to do so to support you and the marital home and community.

 
 
 
 
 
 
1008 days and 9 hours ago.

Customer Reply

i'm sorry that i have not accepted yet, but i do have another question for you. i was thinking of just taking my name off of the house and cutting my losses, in doing this could i be held accountable if they forclose on the house for unpaid taxes for payments, anything?

 
 
 
 
 
 
Posted by PaulMJD 1008 days and 9 hours ago.

Expert's Answer

You could take your name off of the house with a quit claim deed, but as far as the mortgage , this would not absolve you from the mortgage as long as your name is XXXXX XXXXX it. As far as taxes once you quit claim the property and file the quit claim in recorder of deeds, the taxes from that point on would be the liability of the deeded owner.

 
 
 
 
 
 
1008 days and 9 hours ago.

Customer Reply

so any back taxes up to this point i would be liable for? how can i get out of the mortgage aspect of it?

 
 
 
 
 
 

Accepted Answer

Correct on any taxes owed to this point.

As far as getting out of the mortgage, the other party would have to refinance in their name only. Mortgage companies would not just let you off of the mortgage agreement you signed.

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Expert: PaulMJD
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