Legal Question in Family Law in Virginia

I moved out of the joint marital home on Jan 5th of this year. My husband still resides there but has purchased another home but not yet moved out. Although I have no reason to go into the home and have not and would not without his consent, am I required to give up my key and garage remote because it is his primary residence (until he moves) and not mine? The home is on the market for short sale, but will probably go into foreclosure soon. He claims I've been there and he has proof, but I haven't been in weeks and he knew of that visit! He is threatening to file a restraining order if I don't relinquish the spare key and garage remote and says I am harassing him by refusing to give them to him, and stalking his girl "friends" because I viewed their professional profile on LinkedIn? I have no reason to deny his request, but I feel I still have a legal right to have a key to the home? He is bi-polar and an alcoholic, so his manic behavior is why I moved out in the first place! I have no reason to go there when he is home or not home, but his threats make me question giving into his demands when it seems he is just manipulating me again!


Asked on 2/25/13, 10:26 pm

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

In the absence of a valid court order awarding your allegedly bipolar

and alcoholic spouse exclusive occupancy of this marital home (or otherwise barring you from the premises), you have no obligations whatsoever in my view to accede to his demands as you've described and, in fact, have every legal right to enter this property anytime you may please.

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Answered on 2/26/13, 8:54 am


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