Legal Question in Family Law in Virginia

My husband and I have not had the greatest marriage with violence and abuse and Ive once had him arrested for abuse.We live in va, the home is in his name only and he had it for 5yrs before i moved in 5yrs ago. we have been married 4yrs and we have a 2yr old child together as well as my 10yr lives here.Now, everytime we have a fight, he always threatens to throw my 10yr and I out without our 2yr old and insists that because the home is in his name he can and will have the county sheriff's office remove me from the home. Can he do this even though we are married and its my legal residence??


Asked on 2/06/10, 3:52 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

No, in the absence of a valid court order requiring you to leave, the Sheriff

will not come to throw you out of your marital residence irrespective of

how many times your husband might threaten it. And, as a matter of fact, if you were to file for temporary support, custody of the children, and the right of sole occupancy of the marital home, your hubby could be the one looking for a new residence.

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Answered on 2/11/10, 9:02 pm


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