Q: Is there any way that I can legally evict my husband? Do I have to let him drive the car that's in my name?
He has been in jail for a week and a half and is trying to come back here and I don't want him here. I don't know when he is getting out because he is waiting for a bond hearing. He has not recently threatened me for me to get a protective order. I plan on filing for separation next week. Also, his belongings are no longer here and the house is in my name. The car is in my name and I no longer want him to have access to it.
A:
I have had clients change the locks after a spouse leaves the marital residence with the intention of deserting and abandoning the marital relationship. The other spouse usually complains but relents. Either spouse can file for divorce and request exclusive possession of the marital residence for good cause shown. Although the policy of the Commonwealth of Virginia to promote marriage, a spouse can leave the marital residence with justification - usually fault grounds on the part of the other spouse. Conversely, it would seem a spouse who owns the house or car, could exercise self-help remedies to exclude the other spouse, provided it did not cause a breach of the peace.
The best course of action is always to obtain a court order for the relief you desire, if you reasonably expect your spouse to oppose that relief. You may be able to file for divorce and request exclusive possession as part of the pendente lite or temporary relief available. You should consult with an experienced Virginia divorce lawyer to discuss all the facts and circumstances of your case before deciding on the best course of action.
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