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I want a divorce. My husband refuses to leave the house. It is in my name and we have 2 kids that live there also.
Asked on March 27, 2011 under Family Law, Virginia
Answered 14 years ago | Contributor
In a situation such as this, unless the divorce has been finalized (or temporary orders have been issued by a court that give you the exclusive right and possession) you cannot legally demand that your husband leave the house. At this point it is still considered to be the joint marital residence -no matter whose name is on the title or mortgage. Right now you should speak directly with a divorce attorney in your area. Once court orders are issued, things will be different. Be aware that if you attempt any type of "self-help" such as putting his things out in the street or changing the locks you could be sue for unlawful eviction. Additionally, this could hurt you in the divorce/custody proceedings.
Note: If you claim that he has put you or your children in fear for your/their physical safety, then you may be able to apply for a protective order which would result in his immediate removal from the house. However you did not indicate this to be the case.
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