Legal Question in Family Law in Virginia
Legal aid for separating
I am 21 and live in orange, virginia. I make $8.00/hr. With no benefits. My husband and i live with our 1 yr. Old son, my brother-in-law, and his child in a house belonging to my mother-in-law. Husband drinks way too much, isn't working much, and is emotionally abusive; needless to say, the marriage is breaking down. Since i am the one who is repeatedly told to get out, my question is a three part question: (1) just because the house belongs to his mother, must i be the one to get out (particularly since i will be the caretaker of our son)? (2) i have no one to help me, no money, and no real means of supporting myself and my son. I need to know whether there is legal aid available to me in the orange/fredericksburg area of virginia? (3) should i try to stay in the house until we have a legal settlement agreement?
1 Answer from Attorneys
Re: Legal aid for separating
Since your mother-in-law is the sole owner of the house, you remain there at her sufferance with no
rights or claims to the property or privileges under the law due to your status as her son's wife and mother of his child.
If the mother-in-law were to order you out, you
must go or risk being sanctioned as a trespasser.
There is, I believe, a legal aid or services
office in Fredericksburg for people like yourself
with either limited or no income.
Whether you should remain in the house until a separation and property settlement agreement is worked out is a matter you should discuss with an
attorney after you have informed him/her of all the relevant facts.
If you were to leave the household, it's possible that you could qualify for some form of temporary public assistance under the auspices of the local Department of Social Services.
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