We’re separating. How do I get my husband to leave our home?

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We’re separating. How do I get my husband to leave our home?

I found out my husband has been cheating on me for over a year. I want
our marriage to be over but he refuses to leave our home. We rent from
a private owner and the lease is in my name only. He is not paying
rent or helping out with the bills either. There must be something I
can do to get rid of a man I don’t want who isn’t even helping
financially. What legal steps can I take to get him to leave our
apartment? He has never been abusive but has abused women in the
past. Right now it is me, him and my daughter from a previous
relationship. We do not have children together.

Asked on June 9, 2018 under Family Law, Virginia

Answers:

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

Answered 3 years ago | Contributor

Until there is a legal separation agreement in effect or a final decree of divorce has been issued, the apartment remains the joint marital residence, no matter whose name that the lease is in. This means that you both have the right to occupy it.


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