Hi,

Does Common-law marriage exist in VA? If so can someone point me in the right direction to any info.

Also what are the eviction laws like in VA? For example, lets say I've had a live-in girlfriend for the past 6 years and seven months. She hasn't worked or contributed to the house/bills in all that time. I would like her to leave. What can I do? Does she have any legal right to stay here?

-Thanks

Why not move and just not take her with you? Even better if you are renting because then you can let the lease expire and move out, and let the landlord worry about evicting her.

Anyway, why can't you search for stuff? I know, because other idiots like me will do it for you. Here:

http://www.vadivorceonline.com/vapages/Alimony/commonlawmarriage.asp

If you started your relationship with her in VA and don't qualify as common law in another state then kick her to the curb because she isn't legally entitled to anything any more than you are. You can probably take each other to small claims court over possessions in the house. Want advice? The next time she will be out of the house for the day, get a moving truck and move any valuables out to a storage area. Then she has to take you to court for stuff instead of the other way around.



Edited 1 time(s). Last edit at 03/13/2007 02:40PM by pgens.

the best solution would be for her to kill you in your sleep

Thanks pgens, that's the info I was looking for on common law. A buddy of mine brought it up, and I got worried for a minute. Glad to know it's not an issue. Thanks again.

I'm a homeowner, not renting. I'm not real concerned with possessions in the house. I want her to leave. If worst comes to worst and she insists on staying, I'm assume I have to take steps similar to a landlord evicting a tenant. In that case, do I have to go to someone in particular to make it official? Lawyer? Police? How long does a tenant have to leave once said tenant is given notice of eviction?

Put a "For Sale" sign in your front yard and tell her you hope to have the place sold in 30 days or less, she'll get the idea.

Do you and her have a lease?

If not she's technically on a "month to month" lease with you. Put it in writing that you want her fat, lazy ass out of the house 60 days from now. If she gives you any shit, have the sherriff deliver a summons to her and evict her ass.

You are better off to up and move, saves time and legal hassles. Take it from one who knows. Also cut the phone service off pronto. She can run up a huge bill just to f with you.

I heard of one woman who found out her boyfriend was cheating on her. She called the recorded weather report in Japan from his home and left it off the hook while he was gone for a weekend. Before he knew it the bill was a couple of thousand bucks.

Put away your good stuff. All the bs about women being the victims is just that bs. They can f you up good when they put their mind to it. Keyed cars, cut up clothes and false reports of assault are just a few of the bargains you have waiting for you. There is no easy way out, just like they say it is like pulling off a bandaid, just rip it the hell off quick and get the pain over with.

I don't know about VA, but in some states, if you are absent a lease agreement and if she's been contributing to your mortgage each month, she could be entitled to an equity stake that is a proportion of the time she moved in with you to present. This would not force the sale of your property, but she could be entitled to the principal paid divided in half for that duration. This probably the only case where an interest-only loan would be beneficial. -§

§ Wrote:
-------------------------------------------------------
> I don't know about VA, but in some states, if you
> are absent a lease agreement and if she's been
> contributing to your mortgage each month, she
> could be entitled to an equity stake that is a
> proportion of the time she moved in with you to
> present. This would not force the sale of your
> property, but she could be entitled to the
> principal paid divided in half for that duration.
> This probably the only case where an interest-only
> loan would be beneficial. -§

VA is a VERY landlord friendly state. If this cunt's name isn't on the deed, she won't get shit.

That's very true. Where DC and NYC are pro-deadbeat. -§

A more humane thing to do to this woman is just be honest and break up with her. Then ask her to leave and give her a date to be out. Personally, I can't imagine a woman who contributes nothing to your household. I hope you don't have kids together because that would be a whole other story.

Trickie

break up with her

She hasnt worked for six years and you let her live there? She must be one hell of a piece of ass. If she is you may have to re think giving her the boot.

I don't think the issue is breaking up with her... the issue is he's worried that because she is lazy, doesn't work, and doesn't contribute jack that she will refuse to leave because she doesn't have anywhere else to go.

I don't know if you can evict someone who doesn't have a rental agreement. It may be another matter where he tells her to be out by a certain time and if she doesn't leave he'll have the police remove her for trespassing. But I'm not a lawyer so I don't know for sure.

Here are a few links that may or may not be helpful. The first seems almost exactly like your case and seems to be the best action to take.

http://www.thesite.org/homelawandmoney/askthesiteqandas/housingqandas/exeviction

http://www.washingtonpost.com/wp-dyn/articles/A27014-2005Jan21.html

http://www.answerbag.com/q_view/82340



Edited 1 time(s). Last edit at 03/14/2007 05:36PM by pgens.

It depends on how long you have left on the lease. If it is less than six months, just tough it out. Look at it as a lesson learned.

The OP already posted he isn't renting his house. And there is no information yet from the OP that any rental agreement existed between her and him. It's a live-in girlfriend.

sorry my bad I missed it. Sounds like he may be truly fucked. Never discount the idea of waving a few hundred bucks in front of her face to vacate. Once out change the locks and make sure all her stuff is gone.
It is a bitter pill to swallow but something you will remember next time the little head thinks for the big head.

True enough, but this is something that can happen to any couple cohabitating. At least they aren't married... at the moment he just has to deal with her leaving the house. Were they married he'd have that plus divorce issues, property settlements, etc.

I had a friend that did just that and he was married. He told her he wanted to call it quits. He wanted out and in exchange he told her he would pay off all the bills that she had run up and give her some bucks too, to get by for a few months. Luckily he didnt have any kids with her. She took the deal and left. They got one of those six month divorces.
Last he heard she was remarried and running up a huge debt for husband number two.
Bottom line it cant hurt to offer it to her. Just make sure if she takes the deal to get something in writing. Cash always gets attention.

As far as evicting her goes it may be more difficult. Even though she doesn't pay rent she has a right to stay there as long as she can prove residency i.e. mail with her name on it. If you want to evict her you need to contact the clerk of the court and after a court ruling the sherrif's office will evict her. Furthermore make sure you stop accepting any form of payment for rent now so she does not have a claim to the space.

BLAH, BLAH, BLAH......

A lot of words.....everyone is just aching at the chance to run their mouths.
Just break up with her and move. Its not rocket science!!!

Here is my two cents. I used to work as a Resident manager, and I have also had to deal with unwanted people taking up residence in my home.

Anywhere you live, you must give 30 days notice in writing that you want that person to move out. You should have proof of the notification. Send it certified mail, that way there is a signature and date. And keep a copy for your records. Then, if at the end of the 30 days, if she is not gone, you must file with the courts to have her evicted. It can take a few months, but if it's what you want, it's worth it.

I do, however, agree with a few of the other posters who stated you should just break up with her and tell her she needs to find another place to live. I would hope that after 6 years, you could be a little patient and let her find another place. I know I wouldn't want to live where I wasn't wanted. Of course, if she's not cooperative, you have the other option.

Good luck, and let us know how it turns out.


PS A person is considered to be a resident of your home if they have belongings there and/or if they have received mail there.



Edited 1 time(s). Last edit at 03/15/2007 12:39PM by SaMiViMa.

http://www.washingtonpost.com/wp-dyn/content/article/2007/03/09/AR2007030900928.html

.

You have to pretend that your house got forclosed, pretend to lose the house, and pretend to move. Its complicated and seems unnecessary but trust me, a few months of hassle and you are free. Even if she busts you later, at that point she is NOT living in your house, so she can't claim residency.