Legal Question in Family Law in Virginia

I'm going through a divorce. My soon to be "ex" refused to leave the home. There for I had to leave & find a rental for myself & our 2 children. A year later he has moved out and "allowed" me to move back in. I have now found out that he has not paid the mortgage since Dec2009. I am trying to work with the mortgage company to modify the loan. In the meanwhile, he feels he can use the den as a storage unit and come unannounced to inspect the home & his stuff. My court date for the divorce is in 2 weeks. Can I ask to have his name removed from the deed? Or state that he abandoned/neglected the home? Any advice is appreciated.


Asked on 10/04/10, 11:09 am

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

No, a divorce court cannot order that the name of an owner of real property

be removed from a particular deed but the court does have jurisidictional

authority to adjudicate ownership of all marital property in a dovorce action through the process known as equitable distribution if the parties cannot agree

to a settlement involving such property.

However, until such adjudication has occurred and your husband is formally

adjudged to no longer be an owner of the marital home, he is legally

entitled to enter upon the proeprty.

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Answered on 10/09/10, 11:42 am


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