Legal Question in Landlord & Tenant Law in Virginia

Legality of summons of unlawful detainer

My husband and I have been married for 12 years. We have seperated and I have filed a protective order against him. My father-in-law signed the house over to my husband 2 years ago. My husband never recorded the deed.(an atty has it.) My father-in-law admitted in court that he signed the house over to my husband(under oath). The judge presiding in District Court stated that my father-in-law did not own the home. My husband owned it. My father-in-law has filed a summons for unlawful detainment against me stating that I have no lease and he wants the property back. I was awarded the possesion of the house in the protective order. My question is: Is my father-in-law's summons of unlawful detainer legal?


Asked on 1/09/04, 8:22 pm

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

Re: Legality of summons of unlawful detainer

If your father-in-law has filed an action for unlawful detainer against you, the matter will

be scheduled for a hearing in the general district court. If he is currently not the lawful owner of the property and is acting without proper authority from the real owner, then his unlawful detainer action will be dismissed.

I would, however, strongly suggest that you have an attorney to represent you in this matter.

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Answered on 1/09/04, 11:35 pm


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