QUESTION

on what grounds can a spouse file to evict the other spouse in the state of virginia

Asked on Aug 14th, 2014 on Divorce - Virginia
More details to this question:
my wife and I got married and moved into a home she already owned, but mind you there are no threats being made, no abuse and no infidelity. My wife accuses me of emotional cheating. because I still play a father role in my daughters life and sometimes I have to communicate with her mother. And if I don't ask my wife or inform her about the communication with my ex she accuses me of emotional cheating. and she now wants to evict me. does she have the legal grounds to do so?
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
Your spouse cannot evict you from the marital home because you are not a tenant.  As a spouse you have a right to reside in the marital home, unless and until a court awards your spouse exclusive use and possession of the home.  This can ordinarily only be done pursuant to a divorce.  If there are no grounds for divorce, then she cannot file.  Another way to have a spouse removed from the marital home is in cases of domestic violence where a protective order is granted. 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 Aug 14th, 2014 at 5:51 PM

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