Legal Question in Family Law in Virginia
How can I ensure that my brother-in-law stays off my property when he's drunk, w
After a divorce in 1997, I retained my home as part of the settlement. I had the deed placed solely in my name as a ''feme solo'' which goes on to preclude ''any husband's, past present or future.'' Several years later I remarried. About 3 yrs ago, when my husbands brother moved to VA, he lived with us for a while. Then he started getting drunk every month. He has had & displayed knives in his pocket, broken several things, punched the glass in expensive pictures on my wall and otherwise disrupted our peace. I put up with him initially because when he was sober he would do yard work, grounds keeping, & even painted the entire inside of my house. I guess he feel he's ''earned'' the right to destroy when he's drunk. I insisted he move out when the problems increased, however now he shows up at my house uninvited and DRUNK! My husband curses & yells at him to leave, I tell him he has to leave and he looks me in the eye and says NO. He began playing loud music So I called 911 against my husband's wishes. I asked the police to get him off my property as he's preventing me from sleeping! they had him in cuffs until my husband said, ''i don't want him to go to jail. the police said i could do nothing. how can i keep him off my property?
1 Answer from Attorneys
Re: How can I ensure that my brother-in-law stays off my property when he's drun
Ah, property ownership in Virginia!
This not so much a domestic relations question as a property rights question except inthat it has alot to do with your husband, who is your domestic partner and your real estate partner as far as your marital real estate goes.
Your husband can allow anyone he wants on his property. So can you. Police cannot evict as long as one owner approves someone being there.
As long as your husband owns any part of the house and allows his brother there, you are helpless to evict.
I'm sorry. Good luck.
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