press_606
Mar 15, 2010, 10:14 AM
We are in Virginia and I'm filing for divorce. Can I get my spouse out of the home I owned 3 years prior to marriage? I have a prenup giving me the house if we divorce. I'm a single parent and we don't have any kids together.
ebaines
Mar 15, 2010, 10:46 AM
Obviously when you file for divorce you and your lawyer argue for you getting the house. Having the pre-nup should make this pretty easy. You'll have to work out a move-out date with your spoue, presumably coincident with the divorce being final. You probably can't force your spouse out before the divorce is final, but consider using the move-out date as a bargaining chip (in exchange for agreeing to move out early, you won't argue for the china - that sort of thing).