Legal Question in Family Law in Virginia

Eviction of spouse

I want my to evict my husband from my premarital property. He is a drug addict and can't keep a job. I am afraid of him and he lies all the time and I am also fear him taking things from the house. We have been married for 5 years and his addiction is getting worse. What are my rights and where do I start? The mortgage and deed is in my name alone. Do I get an eviction notice first followed by a legal separtion and then divorce?

Asked on 8/14/08, 11:17 am

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Re: Eviction of spouse

No, as previously explained, you do not start with an eviction notice to the spouse but rather by the period of separation which must precede a filing for no-fault divorce in the Commonwealth. If the spouse refuses to leave the marital home, you will have to apply to the court for an order awarding you the right to occupy this home pending finalization of the divorce.

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Answered on 8/14/08, 7:45 pm

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