Legal Question in Family Law in Virginia
My daughter & her soon to be ex are signing the personal property agreement this week. She has lined up several people(6) to assist her in removing items from the house(bedroom set, china, silverware, crystal, TV, cedar chest and etc.). He now says she is to come alone, no one is allowed on the property or in the home & no one to help her pack & move things. The house is in his family's or his name. Can he do this?? There is no way she can attempt this without major difficulty & major failure(all to his delight). I see it as another control issue. Can't she have reasonable support in retrieving her items?
1 Answer from Attorneys
Yes, of course, based upon her presumed marital claim
to the property if nothing else. (But, if this soon to be
ex is determined to obstruct your daughter in her removal of
her property from the home, the property settlement agreement
may need to be amended before it is signed to contain a provision
that the husband will not obstruct her in this regard or by
so doing will subject himself to appropriate contempt of court sanctions or something similar.)