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  1. #1
    lehisport is offline Junior Member
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    Apr 2009
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    Angry Husband is threatening to kick me out of house

    What is the name of your state (only U.S. law)? Virginia.

    We're married and have two kids. He has been very intimidating and aggressive since we got married (part of the reason for divorce). He is in the military and is traveling currently. He has been gone for a month or so. We have decided to get a divorce but we have a house, cars, a 5 year old and a 1 year old. He comes home this week and has written emails and told me on the phone that I had BETTER find a new place to live. I feel intimidated by him and am worried that he'll freak out on me if I don't find a new place and move out. It just isn't fair that I would have to leave the house. I'm fine living there together until we can get everything separated (he or I can live in the basement). He threatened to literally throw all of my stuff in the basement if I didn't do it and he'd then force me out of the house. I don't know what to do with the kids etc. I want to have a peaceful divorce and split whatever and just do it like adults but that's not his way. What legally can I do to protect myself and the kids?What is the name of your state (only U.S. law)?
  2. #2
    mistoffolees is offline Senior Member
    Join Date
    Mar 2008
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    21,315
    Please do a search for this - your question has been asked repeatedly on this site and the answer doesn't change.

    1. It is the marital home. He can not legally throw you out.
    2. Once divorce has been filed for, either party can request temporary possession of the residence, but they need to be able to afford it. If the court awards temporary possession to one party, then the other party has to leave.
    3. If you can't afford the house, then you're going to need to find somewhere to live, anyway. Just don't leave without the kids because it can impact the custody decision. Best thing is to request temporary custody when filing for divorce and if you get it, THEN move out with the kids.
    4. If you feel that you or your children are in danger, then you call the police to intervene. You do not have to leave.
  3. #3
    lehisport is offline Junior Member
    Join Date
    Apr 2009
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    Thumbs up Thanks!

    I tried searching for it and couldn't find it. Not sure if I'm searching wrong or what but the search function isn't very advanced. Sorry about that! Thanks for the advice though.

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