If my husband refuses to leave so I plan to leave and live with my sister, is this a wise financial decision if planning divorce?

I own the home.

Asked on December 1, 2011 under Family Law, Virginia

Answers:

David Lee / Law Offices of David Lee

Answered 8 years ago | Contributor

If you own the home, you certainly have no obligation to vacate the marital home.  Without more information, I cannot say if this is a wise financial situation, because it may be intolerable to live with your husband.  However, if you file a petition for dissolution of marriage, you can file a motion for exclusive possession of the home.  If the Judge grants your motion, your husband may be ordered to vacate the home.

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David Lee


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