I am not married but live with my fiance and we have two kids, 2 years ago we bought a house, things have not been working for us and he has cheated on me and he hits me, i want to seprate and i want to know what is going to happen with the house we bought together and my kids. should i leave the house or stay
3 Answers from Attorneys
Since I came late to the question, I have had the benefit of reviewing the preceding to replies to your question. I completely concurr. However, since you are not "husband and wife" I would like to add: In my opinion, should one of you, without any participation of the other, become indebted and suffer a judgmentment, the resulting lien could be enforced on the total value of the property, not just half. In order to be totally sure of that opinion, I would have to check it out but I believe that is the law.
You would be well advised to arrange for a consultation with an attorney knowledgeable in Virginia family law matters. This person should be able to determine which of the two of you has real and/or equitable claims to all of the property(including the house) which you and your fiancee have accumulated jointly during your relationship and to advise you, generally, on other legal matters related to your situation as well as a course of action designed to protect not only your best interests but also those of your children.
You own the house with him as joint tenants if both names are on the Deed. That is you each own you own portion of the property and can do as you wish with your part. When parners can not agree on whether to sell or not, one partner can bring a "partition suit" to force the other one to sell. Since there is no divorce, this is the only way.
Whoever keeps the child should stay in the house.