Marriage, Separation, Divorce, Spouse, Live-In Spouse, Finances, Family Law, Shared Home, Temporary Possession, Spouse In House.
What To Do When… You Have A Spouse In Your House.
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The objective of the What To Do When… podcast is to discuss common legal scenarios faced by everyday citizens in Virginia. Critzer and Cardani practice law throughout Virginia and focus their practice around the state’s capital of Richmond, in the Piedmont region. Tune in and subscribe to learn about legal topics such as reckless driving by speeding, bad lawyers, Will Knows Weed, juvenile defense, juvenile sex crimes, reckless driving, the legalization of marijuana in Virginia, divorce 101, Child Support, There is Still Hope, and others.
WTDW Podcast | Episode 68: What To Do When… You Have A Spouse In Your House.
On this legal video podcast chat with a Family Law Legal subject matter in our What To Do When… podcast series, please join our hosts Jackie Critzer and Scott Cardani as they share about What To Do When… What To Do When… You Have A Spouse In Your House. This video and audio podcast episode focuses on a legal slant concerning Spouses, Separation, and Divorce in Virginia.
Tune in today for not only our top 3 take-aways, but also some chat about the following subject matters and other helpful action items from a ‘legal chat slant’ from Critzer Cardani’s legal partners.
* Legal separation and divorce, with a focus on Virginia law
* Jackie Critzer and Scott Cardani discuss how to handle a spouse who won’t leave a shared home after separation.
* The court will not force a spouse to leave a shared home, and temporary possession may be granted depending on financial circumstances.
* Jackie Critzer and Scott Cardani discuss the challenges of divorce, including financial strain and the difficulty of reaching an agreement on who leaves the house and pays spousal support.
* They emphasize the importance of understanding the legal options and potential outcomes, and the need to approach these conversations with empathy and respect.
* Jackie Critzer advises caution when dealing with a spouse who may be feeling desperate or getting bad advice during a separation.
The objective of the What To Do When… podcast is to discuss common legal scenarios faced by everyday citizens in Virginia. Critzer and Cardani practice law throughout Virginia and focus their practice around the state’s capital of Richmond, in the Piedmont region. Tune in and subscribe to learn about legal topics such as reckless driving by speeding, bad lawyers, Will Knows Weed, juvenile defense, juvenile sex crimes, reckless driving, the legalization of marijuana in Virginia, divorce 101, Child Support, There is Still Hope and others.
Thank you for sending us your feedback, questions, or topic suggestions for future #WTDW | What To Do When… episodes by emailing [email protected].
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Transcript:
What To Do When… Intro 00:01
Welcome to What To Do When… A podcast from real lawyers with real perspective, where we explore a variety of legal issues and scenarios. Each week we focus on a new topic and discuss what to do when and if any of these legal scenarios ever happened to you or a loved one. With over 40 years of combined legal experience, our hosts offer their unique perspectives and insights on a range of real life legal situations.
Jackie Critzer 0:29
Hi, there. Welcome back to another podcast here at Critzer Cardani in Richmond, Virginia. I’m Jackie.
Scott Cardani 0:34
I’m Scott, what’s on the docket for today Jackie?
Jackie Critzer 0:37
What To Do When… You Have A Spouse In Your House.
Scott Cardani 0:41
Wow, that kind of rhymes there. Here’s what we’re talking about, folks. Say, you’ve gotten to the point where this marriage isn’t working.
Jackie Critzer 0:50
Right.
Scott Cardani 0:51
Ready to separate. But I’m not leaving.
Jackie Critzer 0:56
I’m not leaving. So how do I get the spouse out of the house? Is the question. We get it a lot, I get it a lot.
Scott Cardani 1:03
Yeah, absolutely.
Jackie Critzer 1:04
I’m ready to separate, he won’t leave or she won’t leave. But how do we how do we make this happen? And the short answer is you can’t you can’t force a spouse out. And the court won’t help you force them out.
Scott Cardani 1:16
It’s really interesting, because years ago, you could file Pendente Lite. And sometimes they’d get possession of the house to one or the other. But they don’t do that at all anymore. They stopped doing that a long time ago.
Jackie Critzer 1:25
They went to a judge’s school. And really they were told you cannot separate the parties if they haven’t separated on their own already. Okay. Now if if you say okay, can I leave temporarily and then ask for possession of the house? Yes, you can you can do those things are you likely to succeed at depends on the circumstances? Can you afford to move back into the house? Are you them? So I’m going to tell you, it depends on how much money you make and whether you can afford to move back in and whether that person can afford to leave? Or can they afford to stay in the house and most of the time the court is going to look at whether if one spouse moves out moves into a short term lease long enough to get some you might find a 90 day lease, but long enough to get the separation necessary to get your case filed in the person you left in the home. Is the non earning spouse. Maybe they’re a homemaker, stay at home, mom, stay at home dad, Bluey fans, it’s the stay at home dad, right where maybe he worked. But not much. I don’t know. What you have to figure out is how is that mortgage going to get paid? And are you putting yourself in a situation as the higher earner and leaving to be forced to pay spousal support or be forced to cover the mortgage for the person who stayed in the house, there’s a lot of moving parts to that you really need someone who is well suited to cover a nuanced situation like that.
Scott Cardani 2:50
It’s really hard, even as attorneys to give you good advice, but we’re here to do that. And we’ll take your specific and one of the things we really try to do is take your specific situation, and apply the facts and give you a specific solution for your specific situation. Because everybody’s a little different. But there’s, you know, there’s all this misnomer. We’ve talked about it before about abandonment and how that plays out in today’s courts. Very rarely does that play out to hurt anybody. Because somebody’s gotta leave. If you’re you can, somebody’s got to start the separation process, which is unfortunate. And like we’ve talked about to before is divorce is expensive, because all of a sudden, the money you had for paying for one house is now paying for two houses, no matter how you look at it. Even with your both income, and you’re both have good jobs. It’s still now you’re splitting that pot. You’re paying for the house. I’m paying for a house and all of a sudden…
Jackie Critzer 3:37
Pot of Money…
Scott Cardani 3:38
Yes, pot of money. #WillKnowsWeed not me. So anyways, you know, you have that spot. And you have all this money. And you’re like, Well, we had all this money, we are living comfortably now we can’t make her income. You can’t buy groceries because we’re paying…
Jackie Critzer 3:51
Two electric bills.
Scott Cardani 3:53
You know, and right now, right? I can’t we have this problem all the time. People can’t find a place to live under $1,500 $1,800 $2,000. You know, even a one bedroom is outrageous right now. And so you’re really stuck in a situation and we understand that.
Jackie Critzer 4:06
But well – what about this Scott? Can you reach an agreement to about who leaves and who stays and who pays and who doesn’t?
Scott Cardani 4:13
That’s really the only option you have is to try to figure out a way to reach an agreement or you leave. You cannot force that person to leave. You can try all you want. You can manipulate you can do all these things. But in the end, unless they pack their bags and walk out the door, you can’t call the police that happens all the time. We have people call the police and say he’s gotta get out of here or we start the whole thing, which a lot of people like to do is start to manipulate facts and say, Oh, Jackie, hit me. You know, and, you know, something? You need to stop talking.
Jackie Critzer 4:44
Right now that’s become an assaultive.
Scott Cardani 4:47
Yeah, well, something they’ve done their whole marriage.
Jackie Critzer 4:50
Right.
Scott Cardani 4:50
You know, it was all of a sudden, you know, don’t think it doesn’t happen.
Jackie Critzer 4:54
Well, be wary of that. Right. So this is one of those caveats. Be be wary of a situation where you’re you’re spouse who now you’re ready to separate from and sounds like they’re ready to separate from you. And you guys are at odds about who’s going to leave there. They’re searching the internet, they’re looking for these darker answers that say, Oh, well, if you go and do this, if you try to contrive a situation where you might get possession of the house through the issuance of a protector, just be wise about how you’re proceeding there, someone you thought would never do something like that maybe feeling desperate, or maybe getting advice, and somebody might be in their ear, giving them advice that just might end up hurting them in the end, but make when them possession of the house at the beginning.
Scott Cardani 5:38
And sometimes a temporary victory is a horrible defeat as you go through. Because, you know, you might have done something that you thought was really sly and clever, and got him out of the house and that make him when the trial comes out. And all the evidence comes back, the judge may look at and go, Wow, you were vindictive. Wow.. you were, you know, sleazy in what you did do person. So as Jackie said, we’re here at Critzer Cardani. We’ve handled many of these situations, there’s not an easy answer. If you think you can just all of a sudden pull a string and he has to move out, you’re wrong. And that’s not going to work for you. But please set up a meeting with us talk to us. We’ll try to come up with a plan that works. It’s probably going to be more of a negotiation and trying to work through that. But we’re here we have the experience to help you and we’re here to help.
Jackie Critzer 6:21
We’re looking forward to hearing from you soon like and subscribe.
Scott Cardani 6:25
Thank you.
Jackie Critzer 6:25
See you next time.
What To Do When… Outro 06:26
We hope you’ve enjoyed this episode of What To Do When… For more episodes, be sure to subscribe to our podcast and we encourage you to check archives to listen to previous topics. Tune in next week for a new episode and some fresh perspective from Critzer Cardani.
Need Legal Representation? Contact Critzer Cardani.
We look forward to helping you in this venture and Good Luck!
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