Legal Question in Family Law in Virginia
Husband moving fiance into our home
My soon to be ex has moved his fiance into our family home. Is there also something about getting engaged before being divorced? I am on the loan as well as the deed. We haven't been to court regarding our divorce, he has however filed papers with the county of Fluvanna, and to my knowledge their is mention of our maritial property, but only that that must be settled as a seperate case in court. He states that because it has been 11 months since I left that I no longer have any rights to the house. Is this in fact true? I moved out of our home in fear for my life as well as for the life of my children. He can be very violent to me, and has shoved and grabbed our children on several occasions. I just need to know what legal right I have to get this lady out of what is rightfully 1/2 my house?
1 Answer from Attorneys
Re: Husband moving fiance into our home
You need a lawyer.
The bad news is that you cannot evict the girlfriend since one of the homeowners has given her permission to stay. Your rights do not trump his.
The good news is that it's still your house too if your name is on the deed. You can move back in with them! You can enter as you please break the door down to get in if you like.
If you signed a property settlement agreement keeping the division of the assets out of the divorce, it's a bad idea but you may be locked into it. If there is no agreement, you may file documents to contest the way it's handled. I am a firm believer in all business being ended at the time the divorce decree is entered.
You cant do this alone. Beg borrow or steal to get a competent lawyer to advise you.
Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
