Legal Question in Family Law in Virginia

Re: How to proceed with seperation and sell of joint property if spouse refuse t

Of course, you can separate from your spouse, file for divorce after the required waiting

period(assuming you are proceeding on no-fault grounds), and settle all marital property issues---with or without the cooperation of your spouse.

You should arrange a consultation with an attorney knowledgeable in Virginia family law matters.

Re: How to proceed with seperation and sell of joint property if spouse refuse t

Since you did not detail it, we will have to assume that this home was, in fact, acquired by one or both of you in the course of the marriage.

See 107.3 of Code of Va. 1950 as amended.

The problem is that,if you leave your husband without legal justification, you may find yourself prejudiced in several aspects of the DIVORCE suit, such as spousal support, etc.

There will be an "Equitable Distibution" hearing to determine what fraction of the home each party will be awarded. Under current stateof Va.law, if you are determined the one to be at "fault" in the breakup, your share may be be reduced to some amount less than one-half the home and other "marital" property. Some research of this issue would show that "fault" seldom effects the property division, but it CAN HAPPEN. Of course, some factors other than fault also come into the property division equation and these are set forth in the Code Section. You are getting into deep legal water and should have a direct personal legal consultation.

Re: How to proceed with seperation and sell of joint property if spouse refuse t

You do not need the cooperation of your spouse if you are seeking a divorce. When you are divorced, the judge will order a property settlement which will likely include the sale of the house.

If, however, you mean that you want to sell the house during your separation, but are not yet ready for a divorce, it will be much harder to do without your spouse's cooperation.

In either case, you are strongly encouraged to contact an attorney who can discuss your options in detail.

Good Luck!

Re: How to proceed with seperation and sell of joint property if spouse refuse t

If you and your husband own the house in the form of title that most married people do, "tenants by the entirities", you cannot force the sale until that tenancy is broken, and that requires either that both of you agree, or that the tenancy be broken when you are no longer husband and wife; i.e. divorce. When joint owners get divorced, that automatically converts the tenancy to tenants in common.

As a part of the divorce process you can ask the court to order the house sold, either to one of you or to a third party.