I own the deed to my home. My husband and I are living separate and apart in my home since March 1, 2009. I cannot file a bill of complaint for divorce until September.

He refuses to leave (with his two daughters, he has sole legal custody of them). I was advised that I can serve him with a notice of eviction ( I will give him 30 days to leave). If he doesn't then to the Gen District Court in Norfolk to file unlawful detainer paperwork.

What should I include in the language of my eviction notice.

Thanks

First one does not "own" a deed. A deed represents title to a property.

You can try filing a 30 notice of termination ot tenancy. But since the house may be considered part of the marial property he may be able to fight it and win.

I hope no one minds me asking, but I was wondering why you cannot file for divorce until September? (sorry if this is a stupid question)

In Virginia, you must live separate and apart for six months, if the spouse refuses to sign a separation agreement