Legal Question in Family Law in Virginia
Husband moving someone into our home
My husband has moved his fiance into our home. We will not be legally divorced for months. Can he legally move someone into our home, when my name also appears on our mortgage? Our house was on the market for sale, up until a couple of days ago and our contract expired. I called to ask him about getting another Real Estate company to put it back on the market and he refuses. He states he is buying me out, but hasn't shown any progress.
1 Answer from Attorneys
Re: Husband moving someone into our home
I have no idea what any agreement between you and he have concerning the house might say nor what stage of Divorce and court interaction you're at. Both would be critical to answering your question.
However I notice you say you're on the Deed of Trust but maybe not the actual Deed itself. If he is the only one on the Deed then you have no property rights in the home (you probably have marital rights which is why he has to settle with you on the asset).
Moving in your girlfriend while still married is a form of adultery (post separation of course) and it's always a no no in a custody case when minor children are present. You should consult your lawyer about its usefulness as a ground of divorce. Your legal rights to keep her out would only be the jurisdiction of the divorce judge if at all. Consult with a good attorney.
Good luck.
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