Legal Question in Family Law in Virginia
12year marriage, we have been separated since November 7th 2013 and I moved out of the house on Feb 18th 2014. My wife is a Law Grad from Regent this past year and unsuccessful at the Bar exam. We don't have a Sep agreement as you don't need one in VA but I'm trying to obtain all my belongings and tools. She won t agree on everything because of her stubbornness. I plan on going to the house in two days which is in both our names. I anticipate call the police because of her temper and uncooperative nature. Should I hold my ground on my belongings or just let the courts handle it. I feel like I'm talking to a brick wall on any issue concerning myself
1 Answer from Attorneys
If you're not currently the subject of a stay away court order, under the circumstances described you should be able to enter and abide in your house for as long as you like and retrieve whatever personal belongings you wish which clearly are not subject to your wife's claim as constituting marital property(my opinion).