Legal Question in Family Law in Virginia
I have a settlement agreement in the works with my spouse. In the agreement we both agree to sell the house and split any profit (house is in my name only). The problem is her adult daughters are constantly breaking up with their boyfriends and wanting to move into our house with their children and sometimes bringing men with them they meet and living for free off of mainly me. This has happened in the past and it’s caused conflict with me and my spouse. I don’t want them here causing chaos and me footing the bill. But my spouse will allow it. Well now we are in the middle of divorce (we agree to a no fault divorce just to get it over with and be cheaper) . Now a daughter wants to move back in again and I am not having it. My big concern is can this hold up the selling of the house as we agreed to? In the settlement I agreed to allow my spouse to remain in the home until it’s sold, she has plans to move out of state by spring or summer. So, do I have to allow this adult daughter back in the home if no mention of it was made in the agreement? Can I decline and have something legally done about it if it’s forced anyway?
1 Answer from Attorneys
Unfortunately, you likely will need to have this agreement formally amended, (i.e. in writing) to exclude all persons from
occupancy of this property except your spouse (who, of course, would also need to agree to it).
Otherwise, the situation you've described will likely continue to persist and which could possibly interfere
with/delay your intention to sell the property.
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