Mother Abandoned Family - Need Help with Nasty Divorce
My question involves divorce in the State of: Virginia
Hello, all. I'm Joey (23) and made an account here to ask a few questions concerning my parents' separation/divorce.
In July of 2008 my mom decided to (I don't know if this would be a correct term) abandon my father, the family, property, bills, etc. My parents had an agreeably good relationship, and then suddenly one night, my mom (who was always in charge of bills) admitted she didn't love my father anymore and that she had ran them into debt. In result, that same night, she left -- a completely unexpected shock to everyone.
Because of this, my dad was left with a mortgage, loans, taxes and car payments that he couldn't afford on his own. He had to move out the house and get a smaller one.
The property (approx 1 acre/waterfront w/house) neighbors my grandparents property, who still live there. The property was my neighboring grandfather's mother's house and was left to said grandfather during her death. My Grandfather put both my parents' name on the deed at the time and we moved in 13 years ago. I'll add that all the names on the deed or the marital property are: Mother/Father/Grandfather and my mother refuses to have my Grandparent's be involved or at any arrangements -- they are agreeing for fear of her throwing away any chance of coming to an agreement.
The property is underway to go in foreclosure and my father and grandparent's (and I) want to attempt to keep the house. The only way we can do this is to get my mother's name of the deed.
She sent a proposal via fax to my Father's lawyer:
*PROPERTY SETTLEMENT PROPOSAL*
I (Plaintiff/Mother) agree to a cash settlement amounting to $10,000.00 and all items listed on attached itemized list. The Defendant (Father) will be responsible for any taxes owed on cash settlement. Property Settlement to be filed in the Circuit Court of Hampton, Virginia by the Defendant. All attorney fees and filing of Divorce Complaint to be paid by Defendant. That a Divorce Complaint be filed Uncontested with a six month separation with property settlement agreement attached. The Plaintiff will forfeit any claims to the Defendants 401K. The Plaintiff will not seek Spousal/Alimony Support or Health Insurance Coverage from the Defendant or any other expenses. The Plaintiff agrees on the 2007 Nissan 350Z owing (crediting bank). The Plaintiff and Defendant agrees to file separate federal tax return (Married filing Separately). The Plaintiff will agree to take her name off the deed of the marital residence at (address) and will not be responsible for any loans or liens on said property.
To protect the Plaintiffs interest, she does have the right to forfeit any and all agreements in this document, if the Defendant does not agree to all of the proposed settlements. If any items on the property list is damaged or missing the Defendant agrees to replace or pay est. cash value. The plaintiff will sign off on deed when all property has been stored by the defendant and inventory has been done by the plaintiff and cash settlement has been finalized. I pray that this will be agreeable to the defendant and all parties involved, and these matters be settled as quickly as possible in the best interest for all.
PLAINTIFF:
(Undersigned)
*End Doc*
The enclosed list is mostly off a few end tables, lamps, chairs, mail order dolls, kitchen items and a Polaris 4 wheeler (which was a X-mas gift from her to my dad and I about 6 years ago). The items, according to her estimate, total $12,600 -- at my estimate, a market value of $7,000 at most (including Polaris). A few of the items on the list were sold in a yard sale, in which the money went to pay off debts made by her. It looks like she typed it up herself -- there seem to be a few grammar errors. There's also no witness or notary on the paper, and because of that, I'm not too sure on how valid it would be. I would think it to be a valid contract.
My Mother is in debt with credit cards, a car loan, bills and I've had the Sheriff coming my door for Subpoenas. I haven't seen her since the night she left and have heard of here a maximum of 5 times since. She is running. If she were to agree to this, my dad would have to pay about $70,000 in debt, taxes, fees, on the house on top of my Mother's settlement.
My Questions:
Is there any way to get her name off the deed without her consent? I highly doubt this is possible, but I didn't know if there is anything we didn't know.
Once she decided to abandon the property and family, did she abandon any rights of the property?
This all just seems far too wrong. The law doesn't seem to be in our favor when we are the ones being victimized here. It's definitely taken a huge emotional toll on all of us, especially my Grandparent's. I keep telling them to take her to court. I would testify against her as well as my sister, other family and friends. We have to have some case somewhere.
Thanks for any replies in advance. I'm going to do more research, but just wanted to get this out here first.
Re: Mother Abandoned Family - Need Help with Nasty Divorce
How about helping your father get a lawyer of his own?
No, moving out and initiating divorce doesn't mean you lose your property rights.
If the house is foreclosed, the buyer at the foreclosure sale could gain ownership without separately acquiring the property from her, although subject to any redemption rights available in your state.