He told me on June 21 that he no longers wants to be married to me. (He had an affair last year.) We are living is separate bedrooms but I need him to move out, but he won't. He stole a ring today from my jewelry box to take it back to the store where he bought it. He just called me to tell me that he took it, and I told him to bring it back. (In 2006 he forged my name on a loan and took the money. I obviously don't trust him.)
Divorce / Separation Lawyer
The short answer to your question is "no." It is not grounds for him to move out.
It is also not grounds for a protective order that would remove him from the house.
If you file for divorce, Va. Code 20-103 would authorize you to seek "the exclusive use and possession of the family residence during the pendency of the suit."
No. Contact a local attorney that handles divorces and make sure that you will be considered separated when living under the same roof. Some judges do not consider this to be separated. You must be separated for 1 year or 6 months with no minor children and a property settlement agreement for a no-fault divorce.
[This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]