Legal Question in Family Law in Virginia
Marital property
I was advised by my lawyer that I can remove anything that I want from the home because it is marital property. Since I am part owner of the home, can I have a locksmith open my house if he has changed the locks? I am renting a town home, can my husband have access to the rental? Can he foce his way inside to remve marital property? During visitation of our daughter, would it be in the best interest to meet at a specific location, rather than my rental home so he can pick up my daughter? I am filing for temporary custody of my daughtr, until then, can he try to keep her away from me to be spiteful if I remove furniture from the marital home?
1 Answer from Attorneys
Re: Marital property
Your lawyer is correct and yes, you can engage the services of a locksmith, if necessary, to get the doors open of the marital home.
The home which you are renting is not marital property and your husband would have no automatic right of entry and, consequently, he would have no right "to force his way inside" for any reason.
I see no particular advantage in arranging a pickup spot for your daughter that is some place other than your rental home.
Of course, your husband could do any number of things in his attempts to alienate your daughter from you, but whatever he may do in this regard, would likely redound to his detriment at some point.
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