Full question:
I'm married, but my wife moved out of our home to an apartment and changed her address at the post office. I am the loan holder, but we are both on the deed. I don't want her just showing up or having access to our home anymore. She thinks she can and that I cannot change the locks and so on and she can sell it without me. I am in the process of buying her out and having her name removed from the deed; but, until then, can't I change the locks and request she not just show up or storm in? I don't have a key to her apartment.
- Category: Divorce
- Subcategory: Property Settlements
- Date:
- State: Virginia
Answer:
If certain criteria are met, then a spouse may file a petition with the court asking the judge to award him/her sole possession of the marital home. Unless the court issues an order stating otherwise, both spouses have equal rights to the residence. A spouse may not be removed from the marital home without a restraining order or a court order granting you exclusive possession while the divorce is pending.
Generally, a spouse cannot be forced to leave the marital home unless there is a court order awarding possession to the other spouse or there is a restraining order in force. A restraining order may be granted not only to prevent physical or sexual abuse, but also to prevent verbal abuse, stalking, and other threatening behaviors. It will be a matter of interpretation for the court whether or not your wife's actions amount to the level of abuse that justifies a restraining order.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
