Mortgage payments after desertion

What is the name of your state? Virginia

My wife has left the marital home since the end of May. Both our names are on the mortgage. She has rented an apartment for one year. There is no divorce filed and no separation agreement. By deed, she only owns 25% of the house, but we are both equally responsible for the mortgage. Is she liable for half the mortgage payments? Is she not also liable for half the maintenance since May? She sure as shootin will want her 25% of the equity, even though she has never contributed one red cent to paying for the house.

gspatton said:

Is she liable for half the mortgage payments?

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No. Jointly, you are both liable for 100% of the mortgage payment. It makes no difference whether you pay all of it, or she pays all of it, or you split it.

Is she not also liable for half the maintenance since May?

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See above.

Let's try a different tack. Can I sue her for half the payments?? Is there any way to get money from her over this?? I have done everything for this woman, she leaves the house because she was arrested for assaulting our son, and I get left with all the debt????

gspatton said:

Can I sue her for half the payments??

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Of course you can sue her.... after all, anyone can sue almost anyone else over almost anything.
However, if you want ANY chance in hell of winning, you better be prepared to show the court some proof that she agreed to be personally obligated to half of the payment(s).

Is there any way to get money from her over this??

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No legal way..... but you might put in a call to Tony Soprano... he might have a method.

From what I have seen of the court system so far, a far fetched claim has a better chance of winning then a solid case. Proof? In no hearing I have been in so far has proof mattered a damn. My wife did not commit perjury - she redefined the word. I was even accused of being homosexual because I have and aids test done as part of my yearly physical - it was her idea. She demonized our own son to get custody of our daughter - the basis being that the two kids do not get along, and therefore the family should be broken apart. Even with the assault charge pending, the judge bought it. She called her own kid mean spirited, violent and mentally disturbed. By the way, he is a straight A student and a good kid. She asked for 8 hours a month visitation with him. She admitted she was a drug user. She still got my daughter. What does proof have to do with the law??

gspatton said:

What does proof have to do with the law??

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A wise man once said: "Civil Court is NOT about fairness, justice or the truth! Hopefully those principles will prevail but administratively the civil courts run by rules and focus on moving cases through and out of the system. It is an adversarial - advocate approach to resolving disputes -- like two boxers in the ring -- as contrasted to some concept of focusing on "justice". Therefore if you fail to know and implement them you will lose -- the system and its personnel only function as providing the forum for the adversaries to do battle -- not in adjusting things to favor justice."