How to get my husband out of my house?

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How to get my husband out of my house?

I filed for divorce almosy 6 months ago based on cruelty (verbal abuse). I bought the house we live in before we were married, it is in my name only. He signed the divorce agreement that I was to have sole occupancy of the house effective as of 4 months ago; he moved out the net month. Then a few weeks later he stayed the night after watching the kids for me and asked if he could “rent” the back room from me for 2 weeks. I needed the money, so agreed. Now he has not paid me rent nor child support and won’t leave. He said that ‘llI need to call the police to get him removed. He does not think that I can have him removed from the home.

Asked on December 22, 2012 under Family Law, Virginia

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You have a couple of different options.  One is to file an enforcement action with the divorce decree since the decree granted you the exclusive use of the residence and he is refusing to vacate.  His potential, defensive argument will probably be that he is a tenant.  (Which it does seem like he has gained that status now).  Your second, and probably more viable option, is to file an eviction or unlawful detainer suit.  Here is a really good site that has a couple of online phamplets and forms to help you with the eviction.  This part of the site has a "General District Courts Phamplet" towards the bottom: http://www.courts.state.va.us/courts/gd/home.html.  It's a nice overview of how to file a case.  Later in the site, they actually have an online form that you can use for your unlawful detainer suit: http://www.courts.state.va.us/forms/district/civil.html    . 

Regardless of which route you take, either will take some time to get in front of a judge, so the sooner that you can get the paperwork filed, the sooner you'll be able to get this headache out of your house.  Good Luck!! 


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