While you cannot ordinarily kick a spouse out of the marital home, except in rare cases such as when there is domestic violence, you can let a rental lapse at the end of the lease. If your spouse fails to move out, the landlord may move to evict them and charge for any additional months of rent, which will show up on your credit report assuming you signed the lease. Either one of you may enter into a new lease agreement with the landlord, if the landlord is willing, but if your spouse has not already moved out, this will not get them out since it is still a marital residence. In any event, your spouse may seek spousal support in order to pay for a new place to live, if you were the one supporting them during the marriage. All of these issues are the kinds of things that will be addressed by the court in a divorce, if you are unable to resolve them yourselves.
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.
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