Legal Question in Real Estate Law in Virginia

Re: House separation.

Each of you would appear to be co-owners of the house

and therefore each would be equally entitled to continue to occupy this dwelling until a court says otherwise. How and under what circumstances a court could be required to rule on these issues would largely depend upon whether or not you and your fiance can find a way to agree to equitably divide your respective interests in this property without having to ask a court to do it for you.

And, realistically, you may need the services of an attorney to assist with the resolution of these issues.

Re: House separation.

Well since relationships are hard work, and the answers are often not at all obvious without working at it, I hope you concentrate efforts to make things work as much as focusing on leaving.

As to the house, however, because you are not married (did you live together in any other State? VA does not recognize common law marriage that I know of, but some States do like Penn.), you will be treated as co-owners of the house the same as just any two random co-owners (or family, its the same).

So if 2 business partners bought a house together or 2 brothers bought a house together, it would be the same.

Both have equal ownership and equal rights to the house. That includes the right to be there and to occupy the house at any time. (Although a co-owner has an obligation to the other not to commit "waste" such as damaging the house.)

Note that it is not NECESSARY for an owner to actually live in their house. Some people own a house or part of a house and rent it out or let a co-owner or family member live in the house. Right now I am staying in my parents' house while they are in assisted living (until we can sell it). So ownership is not related to who is living in it.

So it is possible that your fiance could move out, but still be a co-owner of the house. For example, if you eventually sold the house, he might share equally in the profits of the sale. He would probably not pay all of the mortgage in that case. That could get complicated.

The question about you having the children is really a question under marriage and divorce law. That creates an unusual situation, because divorce law does not apply if you are not married in the first place.

So under the LAW it would not change anything whether you have kids or not. It makes a difference practically. And if you were married, the divorce court would absolutely make decisions about where the children live, etc.

In the same way if you are on the deed, and you leave, you will still own half the house. Whether you stop living there or not, it is still your house 50%.

Where this may get complicated (with ANY 2 owners, no matter what their relationship) is "contribution" for expenses. You have divided up the payments between you. IF one of you is living there and one is not, it may be necessary to adjust the payments. Basically, both owners would normally pay half (50%) except to the extent that only one of them is causing the expenses like utilities.

But you have agreed among yourselves that him paying the mortgage and you paying the utilities is YOUR way of dividing up the expenses. That is perfectly reasonable.