If you’re running into conflict with your spouse, locking him or her out of the house may seem like an easy way to resolve the situation. However, as family law attorney Jessica Leischner explains — by locking out a spouse you could be breaking the law in Virginia.

Filing for Divorce Requires a Separation Period

“In Virginia, if you want to get divorced and you don’t have fault-based grounds for doing so, a separation period is required before you can file for divorce,” Leischner explains. “So, if your spouse refuses to move out, locking them out is most likely not an easy or legal solution to the problem.”

Can I Lock my Spouse Out of the House?

“Most married couples in the United States who own property, own it jointly titled. In Virginia, you can’t simply lock a spouse out of a house if they are listed on the title,” says Leischner. “And even if you are the only person listed on the title, you can’t lock out a spouse without warning. Under Virginia law, once a person has established a residence they have a right to be there. However, I have seen cases where the house is not jointly titled, one spouse moves out and then eventually wants to come back. And since the spouse had already moved out it was ok to change the locks.”

What Can I Do If I Want my Spouse to Leave and They Won’t?

If you have a spouse who won’t leave, there are two routes you can pursue.

“First, if there is a history of any type of domestic violence, you can seek a protective order to have that spouse excluded from the house,” says Leischner. “The other option is to go to court and try to get a court order for exclusive use and possession of the residence. However, you must have previously filed for divorce to get that court order. If you don’t have grounds for divorce you’re going to have a difficult time. Additionally, if there isn’t a safety concern, judges tend to be disinclined to kick someone out of their home. The court often wants spouses to work it out on their own. But I’ve had cases where it becomes a standoff between two spouses. Neither one of them will leave and it becomes a real problem,” says Leischner.

When to Contact an Attorney

It’s important to discuss your legal options with an experienced Virginia family law attorney who can help you determine the best path forward for your specific case.

About the Author

This is a photo of Jessica Leischner. She is a family law attorney at Old Town Lawyers.

Jessica L. Leischner

Jessica L. Leischner is partner with Friedman, Grimes, Meinken & Leischner PLLC. As an accomplished family law attorney, litigator and mediator serving Northern Virginia, Ms. Leischner represents clients in Fairfax County, Alexandria City, Arlington County, Loudoun County, Stafford County, and Prince William County. Ms. Leischner’s practice is exclusively in the area of family law, including divorce, child custody, visitation, child support, spousal support, equitable distribution, settlement agreements, property rights, post-divorce disputes and other family law matters.

Related Content