Blackstone, VA asked in Divorce for Virginia

Q: Is my separation agreement enough to evict? What can I expect?

We have a legal separation agreement in place, which gave my ex a lump sum of money and time to secure housing. This agreement states that she must leave the home I own by November 18. She moved intonto my home and I was forced to leave. She moved in on July 1 and has until November to get a job and secure a place to live. She has done neither. She now says she's not leaving the home and has proof of her search for somewhere "suitable " to live and has come up empty handed. She thinks the fact that she's not happy with anything she finds means that she is allowed to stay in my home past the deadline stated on the agreement. My lawyer spoke of an unlawful detainer. I need more info as to what she is really able to do, because in my mind, she has had plenty of time to secure her own housing. I have been forced to rent an apartment and just want back in my house. Is there any way that she would be granted an even further extension despite the agreement and 5 months to get on her feet?

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1 Lawyer Answer
Gary D. Godman
Gary D. Godman
  • Stafford, VA
  • Licensed in Virginia

A: The best advice is to listen to the attorney you already have. That person is going to know the specifics of the case better than any attorney online answering questions. It's possible that you may have a case for an unlawful detainer, but your attorney is in the best place to answer that. If you are unsatisfied, get a second opinion in person from another local attorney. Good luck to you.

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