If my house is separate property, how wasmy wife able to get possession of it regarding a domestic violence incident with “mutual combat”?

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If my house is separate property, how wasmy wife able to get possession of it regarding a domestic violence incident with “mutual combat”?

I was assaulted by my wife in the face neck and back after being woken up and hit in the face. I called the cops but she fled before they got there. They caught up with her an hour later and said that she had a mark on her arm; they deemed it mutual combat. I filed an EPO and assault and battery charges the next morning and when she received her papers she filed an EPO on me. However, they gave her rights to the house and a no contact order and for me to stay off the premises for 2 weeks. I owned the house 3 years before we were married.

Asked on January 3, 2012 under Family Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation and I can surely understand how angry and upset you must be given the circumstances as you have portrayed them here. But she must have asked for exclusive use and occupancy in her application for a protective order and pending the hearing on the matter and gotten it.  The court is not basing the issue first off on the status of the property but I am fairly certain that you can bring that up at the hearing.  You need to get a lawyer as soon as you possibly can on this matter so that the facts can properly come to light.  Good luck. 


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