Legal Question in Family Law in Virginia

Estranged spouse rented jointly-owned residence after I said ''No''

Within my separation agreement, my estranged spouse had sole use of the jointly owned marital residence to live in. Over a year ago, she moved out of the dwelling and started trying to get me to take it over completely in the divorce to rent it. I made it very clear that I wanted to sell the house asap, not rent it. I was transfered due to my job and have recently found out that, with the divorce still raging, she has rented the residence. Both names are on the mortgage, but in accordance with the separation agreement, I am making the payments on both the first and second mortgages. Needless to say, I did not approve the renting of the home, did not sign a lease, and am supposely in possesion of the keys (she handed them over so I could sell the house even though this was her responsibility in the separation agreement, and then refused to sign the contract with the relator I selected). Do I have any recourse?


Asked on 10/07/02, 11:29 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Estranged spouse rented jointly-owned residence after I said ''No''

If the divorce is not to be finalized anytime soon, you may wish to seek a modification of the

separation and property settlement agreement that

will nail down these various isses, which for the

most part, appear to be only ambiguously covered, if at all,in the current agreement.

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Answered on 10/07/02, 3:42 pm


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