Legal Question in Family Law in Virginia

Need help / advise! Child involved!!

My husband and I have been married for 10 years. We have a 10 year old son. We've always had our problems but things have realy gone down hill in the past year. In the past he has cheated on me many times, gone out with his friends and not returned home for days at a time and has always verbaly abused me. I have put up with it because I love him and I just wanted us to raise our son together. He has been a drinker for many years but now he drinks even more and he has even verbaly abused our son, which he never did before. I don't think I can do this any longer and I don't want our son to have to live like this. Problem is the house we live in and pay the morgage on is in his fathers name. Our credit wasn't so great 6 years ago when we purchased it. His father has never paid anything on the house though, we have always paid everything. But with it in his name that leaves me and my son having to leave the house. I can't afford a place of our own so we would have to go live with my parents for a while (they are local). But I heard you should never take a child out of the marrital home. Is that true? Will that mess me up in a seperation/divorce? I have other question too. My car is even in their family business name. What can I do?


Asked on 3/22/05, 12:12 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Need help / advise! Child involved!!

Even though your name is, apparently, not on the deed, this in no way signifies that after 10 years of marriage and making most, if not all, of the mortgage payments, that you have no valid claim to the property. In reality, you have what would appear to be a very substantial marital claim and, consequently, it may be your husband who is the one who should be planning to vacate the premises(if in fact one of you must leave) rather than you and your son.

All of the above(and more which has not been addressed) strongly conduces to the idea that you should arrange for a consultation with a Virginia attorney who is competent in family law matters and who will be able to advise you as to how you should proceed in these matters in a way which is likely to best protect not only your interests but those of your son.

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Answered on 3/23/05, 11:58 am


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