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Wife Wants Separation and To Put Me Out

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CRMRome

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

My wife has asked me to leave the house. She owns the house and had it before we got married 15 months ago. I was laid off for 8 months and have been working for 6 months but make only half of what I used to make. She wants me to be out by this weekend (12/6/2009), and all my things gone by 1/1/2010. She seems to think she can put me out and or change the locks on the doors on or before 1/2/2010 because she has given me a note asking me to leave.

I give her 800.00 per month (499.00 for a car I purchased from her and 300 for home expenses). In all, that is a little more that half of what I bring home monthly. I have no money saved, primarily because I never thought I would need to keep my own money.

She has stated that she would possibly provide assistance for my initial move to a room, however, she will provide no details.

I have not cheated, harmed or threatened her. We have argued and raised voices at each other, but that is it. I belileve that she wants me to leave because I no longer make the money I used to.

I'm looking to find out how long I can stay in the house. I need time to save to move.
Thanks!What is the name of your state (only U.S. law)?
 


Bali Hai

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

My wife has asked me to leave the house. She owns the house and had it before we got married 15 months ago. I was laid off for 8 months and have been working for 6 months but make only half of what I used to make. She wants me to be out by this weekend (12/6/2009), and all my things gone by 1/1/2010. She seems to think she can put me out and or change the locks on the doors on or before 1/2/2010 because she has given me a note asking me to leave.

I give her 800.00 per month (499.00 for a car I purchased from her and 300 for home expenses). In all, that is a little more that half of what I bring home monthly. I have no money saved, primarily because I never thought I would need to keep my own money.

She has stated that she would possibly provide assistance for my initial move to a room, however, she will provide no details.

I have not cheated, harmed or threatened her. We have argued and raised voices at each other, but that is it. I belileve that she wants me to leave because I no longer make the money I used to.

I'm looking to find out how long I can stay in the house. I need time to save to move.
Thanks!What is the name of your state (only U.S. law)?
Suggest to her that she get a court order to remove you and to plan on paying you some alimony for a year or so.
 

mistoffolees

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

My wife has asked me to leave the house. She owns the house and had it before we got married 15 months ago. I was laid off for 8 months and have been working for 6 months but make only half of what I used to make. She wants me to be out by this weekend (12/6/2009), and all my things gone by 1/1/2010. She seems to think she can put me out and or change the locks on the doors on or before 1/2/2010 because she has given me a note asking me to leave.

I give her 800.00 per month (499.00 for a car I purchased from her and 300 for home expenses). In all, that is a little more that half of what I bring home monthly. I have no money saved, primarily because I never thought I would need to keep my own money.

She has stated that she would possibly provide assistance for my initial move to a room, however, she will provide no details.

I have not cheated, harmed or threatened her. We have argued and raised voices at each other, but that is it. I belileve that she wants me to leave because I no longer make the money I used to.

I'm looking to find out how long I can stay in the house. I need time to save to move.
Thanks!What is the name of your state (only U.S. law)?
She can not force you to leave - it is the marital home. Rather, if she wants you out, the procedure is that she must file for divorce and then ask the court for temporary possession of the marital home (which they will almost certainly grant).

In the end, you will have to leave, but the process will give you a little time to make arrangements. You will also be able to use marital assets for some expenses - legal expenses and normal living expenses, for example.

I don't believe Bali is correct on the alimony. In a short term marriage in VA, you are unlikely to get alimony - certainly not a year of alimony for a 15 month marriage. You MAY be able to get some level of temporary support while the divorce is pending.

I would strongly suggest that you at least talk with an attorney - the initial consultation may be free, but shouldn't be very expensive even if you are charged. That will allow you to at least know what your rights are and what the likely outcome would be. If there are no marital assets and no custody issues, then you MAY be able to handle it pro se (without an attorney), but it's worth having the initial consultation so you know for sure.
 

LdiJ

Senior Member
She can not force you to leave - it is the marital home. Rather, if she wants you out, the procedure is that she must file for divorce and then ask the court for temporary possession of the marital home (which they will almost certainly grant).

In the end, you will have to leave, but the process will give you a little time to make arrangements. You will also be able to use marital assets for some expenses - legal expenses and normal living expenses, for example.

I don't believe Bali is correct on the alimony. In a short term marriage in VA, you are unlikely to get alimony - certainly not a year of alimony for a 15 month marriage. You MAY be able to get some level of temporary support while the divorce is pending.

I would strongly suggest that you at least talk with an attorney - the initial consultation may be free, but shouldn't be very expensive even if you are charged. That will allow you to at least know what your rights are and what the likely outcome would be. If there are no marital assets and no custody issues, then you MAY be able to handle it pro se (without an attorney), but it's worth having the initial consultation so you know for sure.
The bolded is of course assuming that she makes significantly more than you do. If your incomes are not that far apart, that may not be a possibility.
 

Bali Hai

Senior Member
The bolded is of course assuming that she makes significantly more than you do. If your incomes are not that far apart, that may not be a possibility.
And this is an assumption you NEVER bring up when OP's situation pertains to the wife.
 

Bali Hai

Senior Member
She can not force you to leave - it is the marital home. Rather, if she wants you out, the procedure is that she must file for divorce and then ask the court for temporary possession of the marital home (which they will almost certainly grant).

In the end, you will have to leave, but the process will give you a little time to make arrangements. You will also be able to use marital assets for some expenses - legal expenses and normal living expenses, for example.

I don't believe Bali is correct on the alimony. In a short term marriage in VA, you are unlikely to get alimony - certainly not a year of alimony for a 15 month marriage. You MAY be able to get some level of temporary support while the divorce is pending.

I would strongly suggest that you at least talk with an attorney - the initial consultation may be free, but shouldn't be very expensive even if you are charged. That will allow you to at least know what your rights are and what the likely outcome would be. If there are no marital assets and no custody issues, then you MAY be able to handle it pro se (without an attorney), but it's worth having the initial consultation so you know for sure.
He certainly won't get any alimony if he's bashful and doesn't ask for it.
 

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