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How do I go about evicting my husband from a rental property only in my name in Chesapeake, VA due to impending divorce filing?

Chesapeake, VA |

We are legally married
We just moved to this rental property in April 2012
I intentionally did not allow his name on the rental because things were already shaky

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Attorney answers 1


Since he is your spouse, you can't "evict" him (regardless of whose name is on the lease). Your appropriate legal recourse is to obtain court order granting you exclusive use of the martial residence. This can be done via several different procedures.

IF there is physical violence and/or you have a reasonable fear of great bodily harm from your spouse, then you can go to the local magistrate's office and file for an emergency order of protection. This will require your spouse's removal from the residence for a period of 72 hours or so, at which time there will be a court hearing on a temporary order of protection and, if that is granted, then a hearing on a final order for protection will be scheduled by the judge.

If there is no reasonable, factual basis for you to pursue an order of protection, then your alternatives would be to either file for a divorce (if the facts of your case will sufficiently meet one of the legal grounds for filing for a divorce based on marital fault rather than based on having lived separate and apart for at least one year) OR to file a suit for separate maintenance. In either suit, you can request exclusive use of the marital residence during the pendency of the suit as an initial motion in the case.

You should consult with a family law attorney in your local area to determine which legal route may be most appropriate given the specific facts of your case and the general practices of your local court.

This response does not create an attorney-client relationship and is intended for general information purposes only.