Maritial property

[D. Jones-Johnso]

What is the name of your state? VA
i have a friend who is divorced and was just granted sole ownership of the house by the judge. her husband is now filing an appeal to overturn the judge's decision and is still living at the house. once the judge had granted the house was there a time limit for her to return to the property? and because she didn't return, can her spouse still live there until they return to court for his appeal. she left the premesis to satify the prerequsites for the divorce(living apart for a year). why can't she evict her former spouse if the judge granted her sole possession of the house? can she use the fact that her ex was a convicted felon and never paid anything toward the household or the children. she can deal with the appeal but just wants him out for herself and family's peace of mind. she has an elderly mother and special child that are also living with her under these conditions. her ex is extremely unstable mentally and emotionally from over 30 yrs of drug abuse. Help. so far the legal system in this state has not worked in her favor but his. what can be done to get him out of the house legally.

 

[JETX]

Q1) "once the judge had granted the house was there a time limit for her to return to the property?"
A1) Not unless stated in the Order.

Q2) "and because she didn't return, can her spouse still live there until they return to court for his appeal."
A2) Unless stated otherwise in the Order, yes.

Q3) "why can't she evict her former spouse if the judge granted her sole possession of the house?"
A3) Because of the appeal filing, the 'ownership' issue is not resolved.

Q4) "can she use the fact that her ex was a convicted felon and never paid anything toward the household or the children."
A4) Use it for what??

Q5) "she can deal with the appeal but just wants him out for herself and family's peace of mind."
A5) Doesn't matter what she 'wants'. With the appeal filing, she doesn't OWN the house.

Q6) "she has an elderly mother and special child that are also living with her under these conditions."
A6) That didn't seem to affect the 'situation' when she moved in with them. So why should it now??

Q7) "her ex is extremely unstable mentally and emotionally from over 30 yrs of drug abuse."
A7) Okay.

Q8) "Help."
A8) With what??

Q9) "so far the legal system in this state has not worked in her favor but his."
A9) How can you say that?? She won her lawsuit, didn't she?? Naturally, he has the right to appeal.

Q10) "what can be done to get him out of the house legally."
A10) Wait until the appeal is heard and resolved. And hope he doesn't file another appeal. Theoretically, this could take years.