under what circumstances can my husband force me to leave our home, i am on the mortgage.

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under what circumstances can my husband force me to leave our home, i am on the mortgage.

We are having issues and he says he won’t go and I won’t go can
he have me removed?

Asked on March 23, 2018 under Family Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unless and until there is a legal separation agreement in effect or a final decree of divorce has been granted, you both have equal rights to occupy the premises. This because it is still consdiered to be the "joint marital residence", no matter whose name the deed or mortgage is in. Accordingly, if your husband tries to lock you out or takes other measures to remove you, you can contact the police. They will force your husband if necessary to give you re-entry to the house. At this point, you really should consult with a local divorce attorney; they can best advise you further.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unless and until there is a legal separation agreement in effect or a final decree of divorce has been granted, you both have equal rights to occupy the premises. This because it is still consdiered to be the "joint marital residence", no matter whose name the deed or mortgage is in. Accordingly, if your husband tries to lock you out or takes other measures to remove you, you can contact the police. They will force your husband if necessary to give you re-entry to the house. At this point, you really should consult with a local divorce attorney; they can best advise you further.


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