What are my rights and spouse’s rights on re-entry to property they abandoned in the State of Virginia.

UPDATED: Jun 10, 2009

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What are my rights and spouse’s rights on re-entry to property they abandoned in the State of Virginia.

My wife left the home. Her name is not on the deed. She wants to re-enter to claim her properety. Prior to changing the locks she came to pick up her stuff and left with some community property. Now I do not want her to re-enter without me being present. She has a past history of raging temper and has destroyed things in the home. Do I have a right to control her re-entry?

Asked on June 10, 2009 under Family Law, Virginia


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Well, is she on the mortgage? When was the home purchased? Your idea of "abandoned" doesn't apply here.  As long as you don't have a temporary or permanent restraining order on her, as long as you are still married and she is entitled to a part of that house (equitable distribution or community property), you have no right to exclude her from the property.


So, your best bet: get a divorce attorney.  Try www.attorneypages.comand check his or her record at the Virignia State Bar.

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