Virginia
My partner is hostage to her estranged husband.
My partner has tried to divorce her husband unsuccessfully three different times. She has not lived with him since December, 1998 and has lived in the northern Virginia area since December 21, 2002.
Her problem centers on property settlement issues, most notably a house on a 28 acre farm in New Hampshire. Her estranged husband put up $13,000 and paid the closing costs in March 2002. However, my partner signed the loan independently because her husband’s credit was so poor that the finance company would not assign the loan to both parties.
The bottom line is: She has never lived on the farm/house, not even for one night. She purchased the house and farm as investment property to board horses to include her own. She has all of the financial exposure on the mortgage, has no use of the property, the husband frequently fails to make contributions towards monthly mortgage payments. She is unable to fiscally sustain a divorce, make mortgage payments and move on with her life.
At the time of purchase, the sellers and my partner agreed to a rent back period until July 1, 2002. Further my partner gave her property manager (hired to rent the property) direct instructions not to surrender the keys to the house and farm after the sellers moved out. However, the property manager did just that. Her husband moved in July 2002 and began living on the property.
She tried to divorce him in New Hampshire with an attorney (3rd try over the course of a 11 year marriage), but was unable to financially sustain the attorney fees as her husband asked for continuance after continuance in order to give him opportunity to collect documentation of alleged fiscal contributions. For each court date, she had to travel to New Hampshire, stay in a hotel and go to court in order to be told, give it another 6 months and come back (continuance).
New Hampshire court did demand that he turn over her personal property, which he never did. We both feel he sold it or allowed her property to be forfeited to a storage company he allegedly contracted to hold her property). The bottom line here is he no longer has her personal property, which included antique family furniture, antique family jewelry, china, sets of silver dinnerware, clothes, professional ski equipment, etc, etc.
Her husband refused to sign a property settlement unless he was “quick deeded” the property, which the finance company would not allow anyway based on his credit score (in the 400s).
Nothing ever developed, the attorney frequently refused to talk to her although he continued to bill her. Finally, unable to financially sustain further legal action she withdrew the action. This was her third attempt to divorce her husband.
Now she is attempting to divorce again in Virginia. Originally, her attorney attempted to obtain a divorce without the property being “settled” thinking that the Virginia court would not rule on property in New Hampshire. The husband signed the divorce agreement because it clearly excluded all property settlement issues. However, the
Virginia court asked for a property settlement agreement. Again, the husband will not sign the property agreement unless it says that both parties will continue to pay the mortgage. He claims that he will get a loan to refinance the property in his name when his credit is improved but will not sign the agreement if it stipulates that.
I have been helping her with the attorney costs this time around, number 4 try. It just seems crazy to me that she must continue to support this guy, while she can do nothing to move forward with her life. She is 57 with no savings anymore because she used it again and again to bail her husband out of credit issues. She was and still is hostage to this guy with little hope except a lengthy court battle while she continues to make full mortgage payments. The guy is not contributing at all now that she started the divorce again.
So is the best option for her to default on the mortgage and declare bankruptcy so there is no property settlement issue anymore or ...?
My partner is hostage to her estranged husband.
My partner has tried to divorce her husband unsuccessfully three different times. She has not lived with him since December, 1998 and has lived in the northern Virginia area since December 21, 2002.
Her problem centers on property settlement issues, most notably a house on a 28 acre farm in New Hampshire. Her estranged husband put up $13,000 and paid the closing costs in March 2002. However, my partner signed the loan independently because her husband’s credit was so poor that the finance company would not assign the loan to both parties.
The bottom line is: She has never lived on the farm/house, not even for one night. She purchased the house and farm as investment property to board horses to include her own. She has all of the financial exposure on the mortgage, has no use of the property, the husband frequently fails to make contributions towards monthly mortgage payments. She is unable to fiscally sustain a divorce, make mortgage payments and move on with her life.
At the time of purchase, the sellers and my partner agreed to a rent back period until July 1, 2002. Further my partner gave her property manager (hired to rent the property) direct instructions not to surrender the keys to the house and farm after the sellers moved out. However, the property manager did just that. Her husband moved in July 2002 and began living on the property.
She tried to divorce him in New Hampshire with an attorney (3rd try over the course of a 11 year marriage), but was unable to financially sustain the attorney fees as her husband asked for continuance after continuance in order to give him opportunity to collect documentation of alleged fiscal contributions. For each court date, she had to travel to New Hampshire, stay in a hotel and go to court in order to be told, give it another 6 months and come back (continuance).
New Hampshire court did demand that he turn over her personal property, which he never did. We both feel he sold it or allowed her property to be forfeited to a storage company he allegedly contracted to hold her property). The bottom line here is he no longer has her personal property, which included antique family furniture, antique family jewelry, china, sets of silver dinnerware, clothes, professional ski equipment, etc, etc.
Her husband refused to sign a property settlement unless he was “quick deeded” the property, which the finance company would not allow anyway based on his credit score (in the 400s).
Nothing ever developed, the attorney frequently refused to talk to her although he continued to bill her. Finally, unable to financially sustain further legal action she withdrew the action. This was her third attempt to divorce her husband.
Now she is attempting to divorce again in Virginia. Originally, her attorney attempted to obtain a divorce without the property being “settled” thinking that the Virginia court would not rule on property in New Hampshire. The husband signed the divorce agreement because it clearly excluded all property settlement issues. However, the
Virginia court asked for a property settlement agreement. Again, the husband will not sign the property agreement unless it says that both parties will continue to pay the mortgage. He claims that he will get a loan to refinance the property in his name when his credit is improved but will not sign the agreement if it stipulates that.
I have been helping her with the attorney costs this time around, number 4 try. It just seems crazy to me that she must continue to support this guy, while she can do nothing to move forward with her life. She is 57 with no savings anymore because she used it again and again to bail her husband out of credit issues. She was and still is hostage to this guy with little hope except a lengthy court battle while she continues to make full mortgage payments. The guy is not contributing at all now that she started the divorce again.
So is the best option for her to default on the mortgage and declare bankruptcy so there is no property settlement issue anymore or ...?
