Wife will not leave.

[fragglerock]

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

My wife was having an affair, and I was able to get her to do a property settlement agreement that was drawn up and notorized and signed by both parties. She listed on the agreement the house that she was going to rent as her new address, she gave me all rights to the marital home that is completely in my name. Well the rental house didn't work out, she lost her job and wont try to get another. Can I just give her a hand written 30 days or quit letter or something?

Thanks.

 

[majomom1]

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

My wife was having an affair, and I was able to get her to do a property settlement agreement that was drawn up and notorized and signed by both parties. She listed on the agreement the house that she was going to rent as her new address, she gave me all rights to the marital home that is completely in my name. Well the rental house didn't work out, she lost her job and wont try to get another. Can I just give her a hand written 30 days or quit letter or something?

Thanks.

Have you filed for divorce? Was your property settlement/agreement filed with the court?

 

[LdiJ]

Have you filed for divorce? Was your property settlement/agreement filed with the court?

And signed off on by a judge? If so, it may not be enforceable. You could try to enforce it as a contract, but the judge in your divorce case, may not agree.

 

[fragglerock]

I was told to get the PSA for now, there's no legal separation in VA, we just separate for 1 year(since there is a child) then file for divorce. From what I"m told.

I haven't filed any papers or been to court. I don't even have a lawyer, we just got a mutual mediator to make the PSA with all the legal jargon for alimony, childsupport, etc.

 

[mistoffolees]

I was told to get the PSA for now, there's no legal separation in VA, we just separate for 1 year(since there is a child) then file for divorce. From what I"m told.

I haven't filed any papers or been to court. I don't even have a lawyer, we just got a mutual mediator to make the PSA with all the legal jargon for alimony, childsupport, etc.

Then you can't make her leave. She has just as much right to be in the house as you do.

If you file for divorce or legal separation, you may be able to convince the judge to order her to leave, but until then, she doesn't have to.

 

[fragglerock]

Then you can't make her leave. She has just as much right to be in the house as you do.

If you file for divorce or legal separation, you may be able to convince the judge to order her to leave, but until then, she doesn't have to.

the separation agreement has me keeping the house and we agreeing to part, her moving to another house, and me being responsible for the mortgage that is in my name only as is the deed of the home.

 

[Ozark_Sophist]

the separation agreement has me keeping the house and we agreeing to part, her moving to another house, and me being responsible for the mortgage that is in my name only as is the deed of the home.

The judge may or may not allow the seperation agreement.

 

[mistoffolees]

the separation agreement has me keeping the house and we agreeing to part, her moving to another house, and me being responsible for the mortgage that is in my name only as is the deed of the home.

If the separation agreement was signed by the judge, you can go to court and have her held in contempt.

if the agreement was NOT signed by a judge, it's not worth the paper it's written on.