QUESTION

Hi … I have been married for 10 years and I would like to evict my husband from my home which I own. What do I need to do?

Asked on Sep 01st, 2021 on Divorce - Virginia
More details to this question:
Have been married for 10 yrs. He moved in with me 12 yrs back. He does not want to leave and we have problems in our marriage. Besides that he does not want to pay for day to day expenses and refuses to move out.
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
The quick answer is that you can't kick your husband out of the marital home.  Even if it's only in your name and even if you are the only one paying all of the bills.  Once you live there together during the marriage it becomes the marital home.  In order to terminate this marriage you are going to need grounds for divorce - either a one year separation (six months if you don't have kids together and can get him to sign a property settlement agreement) or fault grounds, such as adultery, cruelty, or desertion.  If you don't have any of those grounds then you may have to move out of your own home for a year in order to get your one year separation, then you can ask to be awarded the house in the divorce.  Once the divorce is final you could evict him, as he would no longer be your husband.  The other option is to try to complete yout separation under the same roof, but this is not usually advisable because it requires a higher level of proof that you are really separated - that is, you would need a witness who is very familiar with the living situation.  I have been able to get divorces done this way, but the witness has to be really good - like a tenant, a nanny, or some other person who is practicially living in the home with you.
Answered on Sep 02nd, 2021 at 6:28 AM

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