Legal Question in Family Law in Virginia
My wife has asked me to leave the house. She owns the house and had it before we got married 15 months ago. I was laid off for 8 months and have been working for 6 months but make only half of what I used to make. She wants me to be out by this weekend (12/6/2009), and all my things gone by 1/1/2010. She seems to think she can put me out and or change the locks on the doors on or before 1/2/2010 because she has given me a note asking me to leave.
I give her 800.00 per month (499.00 for a car I purchased from her and 300 for home expenses). In all, that is a little more that half of what I bring home monthly. I have no money saved, primarily because I never thought I would need to keep my own money.
She has stated that she would possibly provide assistance for my initial move to a room, however, she will provide no details.
I have not cheated, harmed or threatened her. We have argued and raised voices at each other, but that is it. I belileve that she wants me to leave because I no longer make the money I used to.
I'm looking to find out how long I can stay in the house. I need time to save to move.
Thanks!
2 Answers from Attorneys
You can very likely stay on in the marital home until a judge of a court
of proper jurisdiction orders you out. (A note signed by your wife telling you
to move by a ceretain date will not suffice------in my opinion.)
Tell her that it is a possibility that you two can get a divorce while both remaining in the house.
There are certain procedures you must follow. You probably both need to agree to this.
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