Legal Question in Family Law in Virginia

Marital Issue

I live in the state of Virginia. My wife and I are currently both residing in the marital home, which she owned prior to the marriage. She has asked for a seperation an the agreement is currently being negotiated. She recently issued a summons to me for unlawful detainer for un-paid rent(?). This is based on the fact that, in her efforts to get me out of the home, she changed the locks on the doors and refused to give me a key. Because of that, I have refused to give her money towards the household. Can she legally sue me for this?


Asked on 3/26/07, 8:28 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Marital Issue

Sure, your wife can sue you, but under the facts and circumstances which you've described, it's unlikely that she will prevail on this particular claim since you still have some claim of right to be in the home as her spouse which no court order or even written agreement apparently has yet to set aside.

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Answered on 3/26/07, 10:02 pm
Ruth Emily Kochard Ruth Emily Kochard, Counselor at Law

Re: Marital Issue

No. Your wife may is not legally permitted to lock you out of the residence. Only the court may properly award a party exclusive use of the home.

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Answered on 3/26/07, 11:07 pm


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