Legal Question in Family Law in Virginia

My husband and his brother just inherited their father's house. We have lived in the house for 16 months while I was sole caregiver to their dying father. We were waiting until the end of the school year to move (our house is an hour away). My brother-in-law showed up yesterday (he's been living out of state) demanding we be out now. When I told his wife today that I did not want her help packing they both became enraged and started making threats to throw me and my 11 year old out tonight and throw out belongings (my husband works nights). The police say they have every right! What can I do?


Asked on 5/23/18, 9:14 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

No, "they (DON'T) have every right", i.e., the cops, as is quite often the case, again

have it wrong, particularly, in regard to a civil matter such as you've described. If your husband in fact inherited this property with his bumptious brother, then he owns

every bit as much of this property as your obnoxious brother-in-law, and therefore has the legal authority to permit other folks such as his family members (yes, that

means you and your 11 year old) to occupy this property as long as your husband

wants despite the blatherings of his bumptious brother who again (undoubtedly) has apparently relied on cops who apparently have no understanding of the civil law which governs such matters.

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Answered on 5/23/18, 2:47 pm


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