Selling the house during seperation ?

[Step54]

What is the name of your state?VA
We are seperating. She wants to stay in the house. I agreed for the kids sake, but she must find a job very soon. We agreed if she can pay most of the mortgage, I will pay part, retain joint ownership for equities sake.
The house is in both our names, can I force a sale if she does not find work soon? Do I just move out? This puts me in quite a dilemna !!!
I have to consider my kids, but I want the seperation to begin soon. We have slept in seperate rooms for 2 years, but I understand that does not count toward time seperated.

 

[BelizeBreeze]

What is the name of your state?VA
We are seperating. She wants to stay in the house. I agreed for the kids sake, but she must find a job very soon. We agreed if she can pay most of the mortgage, I will pay part, retain joint ownership for equities sake.
The house is in both our names, can I force a sale if she does not find work soon? Do I just move out? This puts me in quite a dilemna !!!
I have to consider my kids, but I want the seperation to begin soon. We have slept in seperate rooms for 2 years, but I understand that does not count toward time seperated.

In Virginia, there is no such thing as a “legal separation” where the court finds you legally separated and directs your conduct. Some states do have legal separations and the topic is frequently seen on television, but not in Virginia. Virginia law allows contracts between husband and wife, which are called separation agreements. These agreements are legally binding on the parties and enforced in court like other contracts.

In the separation agreement you and your spouse resolve the legal issues created by your marriage. The parties must voluntarily agree to the terms and conditions in the agreement and sign the agreement. With the exception of provisions pertaining to children, once signed by the parties the agreement cannot be changed or modified without the mutual consent of the parties.

If the two of you are in agreement on the major portions of property settlement, then you should go together to an attorney, state your wants and needs and draft an agreement that both of you can live with.

Otherwise, let the war begin.