He should get a lawyer.
Once they became married, their spousal home became their common domicile. He is not a tenant “with benefits”. If he moves out, he is probably screwed, not in the way he hoped
When they divide the property the divorce court will decide his rights in her house, and her rights in his house.
I'd say right off hand that he leased his own "premariatal" asset and he, alone is responsible for that piece of business. That is, it has no bearing on what's going on in the marriage or its breakup.
The lucky bride has the same rights. The place he's living in is hers.
He's not a "by rights" or "by fee" tenant ~ just an "at will tenant".
She should call the sheriff and move him out to the sidewalk ~ (after a brief stop in court to get an eviction notice). She doesn't even need to file for divorce to control her premarital property. He has little recourse unless he's unemployed, handicapped, pregnant and nursing an existing child.
Virginia is the place folks in Maryland move to before they get divorced so this question was all the time getting raised at work. Working in a building with over 160 lawyers with little to do but kvetch over legal minutiae, even the lay people (the rest of us) get apprised of how this works.
There's been some modification of Virginia divorce law so that any children of the marriage are cared for first (and that child support get paid to a former spouse stuck in the People's Republic of Maryland). Otherwise, this is the place to go (for a divorce) on the East Coast.
Anyone who would try to stay where they’re not wanted is, well, not a person I’d want to associate with. It’s just common decency.
Another thing to think about: If wifee gets too upset at hubby, she could file charges about abuse. You say there’s a kid in the house?
If it were me, I’d get the hell out of there.
She’s just going to call the cops and say he hit her. He’ll never own a gun again.
He’s technically a tenant, and tenant law would apply.