Legal Question in Family Law in Virginia

I am currently married and live in a home that has a lien against it in my name alone, but purchased during the marriage. Neither the note or the deed have any other name on it other than my own. My spouse is in the Chapter 13 process, so is not able to be on any note.

I want to separate and have asked my spouse to leave multiple times, but he says he does not have to due to the home being marital property. I know this is true, but I am trying to find out what course of action I can take to initiate the separation if he refuses to leave. Surely there is some means of not being forced to stay married to someone or forced to live in a home with someone who refuses to leave. I purchased the home 10 months ago, so there is very little (if any) equity, and my spouse is unable to care for or pay for the home alone, so my leaving is not an option without my credit being affected negatively.

Please advise any possible course of action.

Thank you.


Asked on 1/13/17, 5:40 am

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

Yes, you could file for divorce (pendente lite), i.e., requesting that the court rule on your pending claim for sole possession of the marital home for the reasons cited in your complaint.

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Answered on 1/16/17, 2:05 pm


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