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    kbonita's Avatar
    kbonita Posts: 2, Reputation: 2
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    #1

    Jun 25, 2009, 01:29 PM
    Eviction (marriage)
    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
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Jun 25, 2009, 01:33 PM

    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.
    jenniepepsi's Avatar
    jenniepepsi Posts: 4,042, Reputation: 533
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    #3

    Jun 25, 2009, 01:34 PM

    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)
    kbonita's Avatar
    kbonita Posts: 2, Reputation: 2
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    #4

    Jun 25, 2009, 02:32 PM
    In Virginia, you must live separate and apart for six months, if the spouse refuses to sign a separation agreement
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