More details to this question:
Hello I'm Nick, I am the oldest son of my mother. She currently lives with her husband (my step father) and she wants him to leave the house.
She asked me to look for a lawyer for her.
We have tried multiple times to get him out but the sheriff told us that even though he isn't the owner by any means of the house we still can not make him leave because my parents are married.
I really need someone's help to get him out of my house I'm just not familiar with the in and outs of the legal part to this.
This is my mother's email andrea.v.villegas@accenturefederal.com
Thanks again!
1 ANSWER
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It is very difficult to kick a spouse out of the marital home. This is usually only possible in cases of domestic violence. If she has fault grounds for divorce, she can file the divorce and then file a motion seeking exclusive use and possession of the marital home, but there is no guarantee that will be granted. I have had clients who have had to move out of their own houses that they owned prior to the marriage and whose spouse's names were not on the property, in order to be separated for a year and then file for divorce based on a one-year separation. The court can determine in the divorce who will get the house.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case. If you need further information or assistance, please feel free to contact my office for a consultation.
Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.
Answered on Dec 28th, 2014 at 4:36 PM