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Interesting situtation.. domestic separation - VA

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mc1981

Junior Member
What is the name of your state? Virginia

A friend of mine has asked my help and after some googling I havent come up with any info that can help him. Thus here I am.

Situtation: He was living with his male companion for approx 6 years. They recently had a bad break up and he left the premises fearing for his safety. His husband (although not legally...of course) threatened to hurt him and himself. Since leaving the house the husband has changed the locks and constantly left inappropriate voice messages.

Heres where it gets sticky: The home is worth about 70% of the loan value and is the financing is only in my friends name; however, the deed is in both. Since he was the one that left the household does he lose his rights to the property. Can he legally "break-in" and does he have grounds for a restraining order when legally they share a residence.

My friend asked his former partner to sign over the deed since the house is almost worthless but the guy refused knowing that forclosure would have greater long-term negative affect.

Any advise would be helpful. Thanks.
 


LdiJ

Senior Member
What is the name of your state? Virginia

A friend of mine has asked my help and after some googling I havent come up with any info that can help him. Thus here I am.

Situtation: He was living with his male companion for approx 6 years. They recently had a bad break up and he left the premises fearing for his safety. His husband (although not legally...of course) threatened to hurt him and himself. Since leaving the house the husband has changed the locks and constantly left inappropriate voice messages.

Heres where it gets sticky: The home is worth about 70% of the loan value and is the financing is only in my friends name; however, the deed is in both. Since he was the one that left the household does he lose his rights to the property. Can he legally "break-in" and does he have grounds for a restraining order when legally they share a residence.

My friend asked his former partner to sign over the deed since the house is almost worthless but the guy refused knowing that forclosure would have greater long-term negative affect.

Any advise would be helpful. Thanks.
Your friend has every right to enter the property as he is a legal owner of the property. He can call a locksmith to open the home for him, and change the locks himself for that matter. If he has a valid reason to ask for a restraining order, he may do so and at that time ask the judge to order that he gets to remain in the jointly owned home.
 

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