[VA] [VA] Can I evict my husband from our home if he hasn’t paid the mortgage?

Lexi, Chatbot

I’m sorry to hear about the difficult situation you’re facing with the eviction notice. Can you tell me if you and your husband are currently living in the same property?

Lexi, Chatbot

Have you already taken any legal steps regarding the eviction notice, or is this your first action?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your eviction notice.

Benjamin

Hey there! I'm Benjamin, an attorney with many years of experience. I understand you're dealing with a situation involving an eviction notice for your husband who hasn't contributed to the mortgage since May. Is that correct? What is your marriage status? How long has this home been the marital home and did your husband contribute during the marriage? How long was the marriage? What state are you in?

Benjamin

You can’t evict a spouse like a normal tenant.

• Under Virginia landlord–tenant law (Va. Code § 55.1-1200 et seq.), eviction (“unlawful detainer”) applies to tenants or occupants without ownership rights.
• However, a spouse living in the marital home has occupancy rights until a court says otherwise, even if their name isn’t on the deed or mortgage.

That means:

• You can’t just post a 5- or 30-day “eviction notice” like you would for a renter.
• Instead, you must use the domestic relations process — usually divorce or separate maintenance — to ask the court to grant you exclusive possession of the marital home.

What you can do right now

Option A – Protective order (emergency removal):
Since you said there’s hostility and you’ve been separated for two years:

• If you feel unsafe, you can immediately file for a protective order under Va. Code § 16.1-253.1 (family abuse protective order).
• This can order him to leave the home for up to 14 days.
• You can request an extension or a more permanent order later.
• You file at the Juvenile & Domestic Relations District Court (J&DR) for your county.

Option B – Divorce or “separate maintenance” filing:

• When you file for divorce or separate maintenance, you can ask for an order granting you exclusive use of the residence.
• The court can then require him to vacate the premises legally.

Option C – Agreement or buyout:

• If he’s willing, you can negotiate a written agreement (even temporarily) that he will move out by a specific date.
• Make sure you get it in writing, signed, and notarized, and keep a copy.

Why your current eviction notice won’t work
Because he’s your spouse, not a tenant, the local court will likely dismiss a regular unlawful detainer filing. The judge will tell you to file for exclusive possession through the domestic court instead.

Did that solve your issue? Please let me know if you have any further questions. Thank you and please use the service the next time you need legal advice. Have a wonderful day!