If my husband won’t leave andI won’t leave, can he force me to move into another bedroom and can he keep me from sleeping in our bed?

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If my husband won’t leave andI won’t leave, can he force me to move into another bedroom and can he keep me from sleeping in our bed?

Asked on May 17, 2011 under Family Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The law does not address this issue at all, other than to prevent one spouse from using force or threat of force against another. If that happens, you may call the police; otherwise, nothing stops the two of you from harranging  each other, from trying get into bed first and sprawl across it so the other can't get in, etc.

Probably the more important question is: why do you wish to remain in this relationship (assuming that this is not just a temporary fight)? You may wish to discuss this matter with a divorce or family law attorney, who can explain to you what assets and/or support you might be able to get in a divorce. At the end of the day, it's your decision, but from what you write, it would make sense to at least educate yourself as to this option by speaking in confidence with a professional. Good luck.


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