So things have been rocky and you and your spouse have decided to split up. There is just one problem: neither of you wants to leave. If you are both on the title of the house, then you are both entitled to remain there. Besides, you can’t afford to make an additional rent or mortgage payment.

What do you do? Well, if you want out badly enough, you have several options:

• Move in with a friend or family member, gratis;
• Get a roommate;
• Put the house up for sale; or
• Try to refinance.

However, if you really want to stay in the home, you may be able to get your spouse out of the house, depending on the circumstances:

• If you are being physically abused by your spouse and in imminent fear for your safety, you need to get a protective order. With the protective order, you can be awarded sole use of the marital residence while the order is in place;
• Once you have filed for a fault-based divorce, you can file a motion for Pendente Lite (also known as “temporary”) relief. In this motion, you can request the court to award you sole and exclusive use of the marital residence while the divorce is pending;
• If your name is on the deed to the house, nothing prevents you from being able to change the locks. Take caution, however, because nothing prevents your spouse who is also on the deed from breaking in; or
• If the house is titled only in your name, you could, theoretically, kick your spouse out. I do not, however, necessarily recommend doing this without first consulting an attorney.

If you are interested in divorce in Virginia, please contact us to schedule your initial consultation with an experienced Virginia divorce lawyer today. Our divorce lawyers represent clients in divorce cases throughout Manassas, Stafford, Woodbridge, Fairfax, Alexandria, Arlington, Spotsylvania and Fredericksburg, Virginia.