Legal Question in Family Law in Virginia
Rights to home Vs. Residence
My wife and I have been seperated for 16 months. We have still not signed a property agreement because she continues to change her mond on everything. She moved out of the home we both own 16 months ago, and has a new residence. She keeps threatening to move back in or come over and help herself whenever she wants. Does she have that legal right to invade my privacy without notice?
2 Answers from Attorneys
Re: Rights to home Vs. Residence
Until you work something out she has a right to enter the property. You might want to consider changing the locks and filing for divorce right away. That way you can, if necessary, file a Motion for Exclusive Use of the marital home.
Re: Rights to home Vs. Residence
What you havn't told me is whether her name is on the deed. If her name is on the deed she owns the house and can break the door down to get in. If her name is not on the deed and she hasn't lived there within a reasonable amount of time then change the locks and when she breaks in have her arrested for Burglary. She may have marital equity in the house but unless she has residency or ownership, she'd be breaking the law.
Good luck.
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