QUESTION
What steps do I take to force my husband to leave the home?
Asked on Mar 24th, 2014 on Divorce - Virginia
More details to this question:
Been married 24 years. Two children. Own home. Both have income. I am suffering severe emotional abuse associated with husband's drinking. Husband refuses to leave. During our marriage, I have had many credit card and money issues in which he continually says he will press charges on me. He refuses to leave and say I can but he is not. Our children are 17 year old twins. A large number of our assets are in his name because he refused to put my name on them even though I contribute half the income to the family. He says I am indebted to him because of the poor financial choices I have made in the past. What can I do?
1 ANSWER
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This is a tough situation. However, you both have equal rights at this point to stay in the home. It sounds like you may need separation but forcing him out may be difficult. The law does not give one person preference over another. If you are in fear of actual physical harm then you may need an protective order, but your facts do not indicate any physical danger.
On anther note, your assets and liabilities during marriage may be marital property. What you contribute to the marriage and buy during the marriage are attributed to both of you.
You both need to decide how your marriage is going to proceed and begin to work on a separation agreement. Typically an attorney will walk you through this process and help draft the document, but you can work together with your spouse and figure out those issues on which you agree.
NOTE: This response is for general information and does not constitute legal advise nor does it create a legal relationship.
Answered on Mar 24th, 2014 at 1:45 PM