Legal Question in Family Law in Virginia

My husband and I are currently separated, he has stated he is leaving and wants nothing more to do with me or his stepkids. He has not spoken a word to me or the children in over a week, yet continues "living" here. He has already made it clear our marriage is over. I want him to leave. We are both on the lease of the apartment. My question is, how do I go about kicking him out? He cannot afford the rent on his own. Do i have to give him 30 days notice? Can i call the police to get him out? It is too much stress on myself and the kids with him being here, but not speaking a word to anyone. Thanks!


Asked on 6/26/10, 5:29 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

If the two of you are on the lease, neither of your respective rights as a tenant is superior to the other's. Consequently, you have no more right to evict your husband than he has to evict you, and therefore the two of you should seek to negotiate the voluntary departure of one of you which would be agreeable to the

landlord.

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Answered on 6/26/10, 12:13 pm


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