My wife have force me out of the house by falsely accusing me of hitting her. If I return to the house she will just lie again, call the police and accuse me of hitting her again and I will be arrested. The judge ruled in her favor. I have send a letter to him advising him of my dissatifaction.
Can I force her to sell to the house by filing for divorce?
First, if by "forcing" you out of the house and the "judge ruled in her favor" you really mean that she was granted a Protective Order (which grants her exclusive use of the marital residence and prohibits you from having contact with her or being on the property), then you DO NOT even attempt to "return to the house". That would be a violation of the Protective Order and you WILL be arrested and jailed -- she would not need to make any further claim of violence at all, only that you violated the ProtectiveOrder.
Second, I would strongly recommend against sending any further letters to this judge (or any other judge) "advising" the judge of your "dissatisfaction". At a minimum, it will only serve to really irritate the judge (and word gets around among the judges of the same court), which will certainly not endear you to the court in any future hearings you may have in regard to your domestic dispute/divorce. If you are dissatisfied with the court's ruling, the proper recourse is to file a notice of appeal with the clerk's office (within 10 calendar days if the case was in J&DR court, which I assume it probably was).
As to your question, the court will equitable distribute the marital assets and liabilities as part of a divorce case. Equitable distribution does not mean 50/50; it means what is fair given all of the facts and circumstances of the particular case, taking into account all of the factors set forth in Va. Code Section 20-107.3. So, depending on how the house is legally titled (if it is only titled in one party's name, the code prohibits the court from transferring that property to the other party, but if it is jointly titled, then the court can transfer the property to either one of the parties), the court may give one of you the house and require that person to refinance within a specified period of time or else the property will be sold OR the court may order that the property be sold. Whether the court will award your wife the house and give you nothing in exchange, will award the house to your wife and grant you a monetary award, cash buy-out, or other property, or what percentage of the sales proceeds the court would award to each of you in the event the house is sold is impossible to predict without having full knowledge of all of the facts and claims.
You should consult with a divorce attorney in your local area as soon as possible.
This response does not create an attorney-client relationship and is intended for general information purposes only.
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