During a divorce, something that is generally considered a co-owned marital asset such as a home is still considered to be the property of both spouses, regardless of who pays for what, or whose name is on what legal documents. Therefore, it probably isn't legally possible for a person to evict his or her spouse from the home during divorce proceedings in any state. In fact, in some states, like Virginia, a spouse cannot evict another party from the marital home during a divorce unless there are allegations of abuse or other special circumstances apply.
When Eviction May be Possible
If you are getting a divorce in Virginia, it is important to understand that while many courts generally prohibit one spouse from evicting the other, such an eviction may be possible when the home is clearly owned by one person and not the other. However, this is more than likely not the case since the home is almost always automatically considered a marital asset. In the event of clear and convincing evidence of abuse, however, one spouse may be evicted even if the home is co-owned.
Another exception to the prohibition on eviction occurs when the divorce proceedings have progressed to a point where the property belonging to the couple has been divided – typically something like a home will be divided 50/50 between the two. At that time, should one of the two be unable or unwilling to keep his or her share, the other spouse could theoretically purchase it, thereby making him or herself officially the owner of 100% of the property. After that step was legally completed, it would be possible to evict the other spouse should he or she still be living in the property.
Getting Help
Divorce is financially and legally complex. You need to have a lawyer on your side to help you understand your rights and obligations in order to have the best possible outcome when ending your marriage.