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    Husband is threatening to throw me out

    Jurisdiction / State: Virginia

    Hello, my husband and I have been together for 5yrs and married 4yrs. The home we live in is in his name only and he owned prior to our marriage. We have a 2yr old daughter together and I also have my 10yr old daughter living here and 2 horses. Our marriage has not been the best, alot of violence towards me and the children, verbal and emotional abuse. I have left him before, even got an apartment for a brief time when he convinced me that he wanted to do right by us and wanted me to come home. I moved back, brought my horses home as well. I gave up my apartment, and I never changed my physical mailing address on anything, not my vehicle mail nothing and only had the apt for 1month. I have now been back here for over a month and the fighting has begun again. I do not want to have to pack up my children and horses again and move out.I dont think the girls and I should have to go through all that again. He has since threatened to throw Me and my 10yr old out and said that he can have the county sheriff's office come and remove us without Our 2yr daughter..he says I have to leave HIS house without HIS daughter (our daughter). There are no divorce proceedings at this time, nothing filed, state of virginia does not have a legal separation either and from what I have learned up to now, in order for either one of us to file for divorce, we have to live seperatly for one year if we have a child. We only spent less than a month apart. Again, Can he throw me/us out of the home? Do I have any rights here? I dont want to come home from work monday and find my belongings in the yard and not be allowed into the house.


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    You are a resident in the home and he can not throw you out. There is legal separation in Virginia but it can only be by consent of the parties. If I were you I would call the police next time he hits or threatens you in any way. Get a police report and then go to the circuit court and file for a domestic restraining order. That order can put HIM out of the house and leave you in it.

    Let me know if you need more, I use to be an attorney in VA.

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    Thank you

    I hope that is accurate information. I did not want to go on and on about this situation until I thought I had some good advice. When I left, I had actually contacted C.City sheriff to meet me here to Safely remove some of my kids things and mine and I hauled my horses out. Upon return to get more things, he knew I was coming and told me that I had No right to go in the house, and had the door locked when I got here. I did not have a key (during a prior argument, he took the keys away from me) When the cop came, I told him the doors were locked but I knew a window was never locked because it was broken. He at that time said I had every right to go in the home even if through a window. I did, then opened the door for the cop and went about packing more things for us. I locked the door as it was and left the home.I then was called later around 11pm that night from my husband telling me he would have me arrested for breaking into His home. I didnt think he could and I never got into trouble for this. However, when I came back the final time for the remainder of clothes etc, I again had a cop meet me here, the same cop that came the other time, the rest of our belongings were on both the front porch and back porch and on the front lawn. I asked my husband where certain files were and because he had taken it upon himself to put what he felt I should have outside, I would like to do a final walkthrough to retrieve anything that was the kids or mine. He refused to let me AND the cop said I had NO RIGHT to go inside the home if he said NO...even though it was still and currently now is my residence and I was his wife. THE cop said I had NO rights to anything here. My frustration with all this is very high especially when now not only do I feel back in the same position before, I feel like a damn fool for believing anything would ever change. He has been arrested previously 2yrs ago for physical abuse on myself and my daughter, I was allowed the home and had a restraining order for weeks. When it was up, I then allowed him back...again..like a fool. He goes to court for those pending charges in a week... and now insists that its all my fault that he ever got arrested in the first place, that he did nothing wrong that night and I will look like an idiot if I show up in court because he now says that the county is siding with him...(his words... just look at what the cop said to you...this is MY House and You need to leave and your not leaving without the baby...Get the F Out) Yes, I need help... I need an attorney. I do not have much money either, every dime I make I pay the bills in this house with...right down the mortgage, lights, food, gas,...u name it, I help pay even his child support from wife #1

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    You need to stop paying his mortgage, definitely do not pay his child support. You can and need to file for divorce before you have a one year separation. You can not GET a divorce finalized until you have been separated for a year. You are a resident of that house. DO NOT move. He has to evict you to make you move and he can't evict you as long as you are his wife.

    You need to know that he is not in control like he thinks he is. You will win if you fight. Good luck.

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    Here is my 2 cents. You need to talk to an attornay but you need to file for divorce and keep your kids way from this violence. You can stay there sure, but is it a good idea? QWhere is the Dad of the 10 yr old? Do you think it is a good idea to insist on staying in that house when it is obviously very tense? This house was his before marriage, there is a good chance he will retain the house. I would not expect to stay in thie house long term. You hgave every right to move out of the house and take the child with you until a court order says otherwise. Are you going to be able to keep the horses? If you keep them at that house, are they going to be cared for if you leave?

    whatever you do, get out of this violent relationship. Your kids should not be exposed to this.

    http://www.divorcesource.com/info/di...virginia.shtml
    I am not an attorney. Do not consider this legal advice.

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