Can I evict my spouse in NC?

11/1/2014

Updated 4/14/2022

Often when a marriage is about to end there is a standoff over who stays in the house and who goes. One spouse asks another to move out and things get ugly fast. In North Carolina you can’t just throw your spouse out of the house because you want to be separated. This even applies if you owned the house before the marriage and only your name is on the Deed. You also cannot simply change the locks when they go to work one day. Besides a domestic violence protective order or criminal charges there is no instant remedy to legally force one spouse to move out from the martial residence.

The civil and polite way to end a marriage is a separation agreement where the parties agree on how to divide assets. Unfortunately, sometimes the only way to get separated in a timely fashion is to move out yourself. Often easier said than done, there are certainly downsides to vacating a martial home such as claims of abandonment, alienating your children, mortgage obligation considerations, and the old adage that possession is 9/10 of the law. Be advised that just because you leave the house and your spouse stays does not mean they can or will make the mortgage payments to prevent foreclosure. The last thing most people need in addition to the usual headache of divorce is a foreclosure and tarnished credit.

My spouse won't move out

File an action for divorce from bed and board.
File an action for Injunctive Relief under NCGS 50-20(i).
Ask for sequestration of the marital residence as part of a child custody/support action.
Apply for a DVPO (if grounds exist).
Reach an agreement on who gets to stay.
Move out yourself.

An action for divorce from bed and board is basically a judicial separation based on the martial fault of one party. Be warned a divorce from bed and board can sometime take months or years to play out in Court. If the martial fault rises to the level of domestic violence then a DVPO can provide immediate possession of a marital home and evict your spouse.

So when can you change the locks? You can change the locks if your spouse vacates or abandons the martial residence. If they voluntarily move out they can’t just return to do laundry when they feel like it. In North Carolina it is actually a criminal offense to return to a marital home if you have voluntarily left and are not invited to return. This applies even if you are still on the Deed to the house! To do so is a Class 1 misdemeanor offense and is considered domestic criminal trespass.

Evicting a spouse not on lease

Even if your spouse is not on the lease that does not mean you can simply evict your husband or wife. That being said, the landlord may have the right to do so depending on the terms of the lease, but that may include you as well!

Can i change the locks on my spouse?

If your spouse has moved you have the right to change the locks and refuse reentry under the North Carolina domestic criminal trespass statute. If your husband or wife has nor moved out then changing the locks will probably be a waste of money as law enforcement will likely force you to let them back in the residence. Also- unlawfully locking out a spouse from the marital residence who still lives there could really anger your judge in domestic court and lead to a bigger spousal support award for the dependent spouse.

NCGS § 14-134.3. Domestic criminal trespass

(a) Any person who enters after being forbidden to do so or remains after being ordered to leave by the lawful occupant, upon the premises occupied by a present or former spouse or by a person with whom the person charged has lived as if married, shall be guilty of a misdemeanor if the complainant and the person charged are living apart; provided, however, that no person shall be guilty if said person enters upon the premises pursuant to a judicial order or written separation agreement which gives the person the right to enter upon said premises for the purpose of visiting with minor children. Evidence that the parties are living apart shall include but is not necessarily limited to:

(1) A judicial order of separation;
(2) A court order directing the person charged to stay away from the premises occupied by the complainant;
(3) An agreement, whether verbal or written, between the complainant and the person charged that they shall live separate and apart, and such parties are in fact living separate and apart; or
(4) Separate places of residence for the complainant and the person charged.

Except as provided in subsection (b) of this section, upon conviction, said person is guilty of a Class 1 misdemeanor.

(b) A person convicted of a violation of this section is guilty of a Class G felony if the person is trespassing upon property operated as a safe house or haven for victims of domestic violence and the person is armed with a deadly weapon at the time of the offense.

222 Comments

2094A

1/19/2016 06:55:56 pm

If my wife wants me to leave and then cont. to pay our mortgage, without me there, while I rent an apartment, what will happen with the house when she plans to sell it in a year? Will I then recieve half of the equity? Is there anyway I could get screwed? We are trying to do this civilly because of our kids.

Jason Witt

1/19/2016 07:24:24 pm

You should speak with an attorney before you make any move. Moving out could give rise to an abandonment claim. If you are entitled to your half of the house may depend on whether you are on the Deed or if someone files a claim for Equitable Distribution. Call a local attorney and get some professional guidance before you make any mistakes.

Sondra Ashton

5/31/2019 03:29:05 am

I have a friend that got told tonite for her and her 3 brats get out so she takes kids to her moms and we go looking for a place for to go with kids! Well she goes back to the home and he has changed locks in door! He won’t let her get kids and her stuff out! He wanted her to sell her place to put into his home! So now she has no home no money! What rites does she have! I feel this is cruel and mean! He makes plenty money to have thrown her and her kids out like that! I’m a very angry girlfriend! Please give me some advise! Thank u

5/31/2019 07:49:03 am

If she never moved out she could try and call the police to see if they will assist her with reentry into the home. That being said, she needs to speak with a local attorney ASAP.

Brittany

5/3/2016 07:49:02 am

Is there anything to file if your husband is stealing from you. Mine had been taking my prescription pain pills and been pawning my stuff.

5/3/2016 11:52:43 am

Are you looking to get separated or divorced? If so you need to talk to a divorce lawyer.

John Doe

5/17/2016 09:17:22 am

That's illegal, you don't sue for that you report it to the police.

And you should because otherwise he will say you were giving them to him and you'll find yourself in jail.

5/17/2016 10:32:29 pm

You can certainly try the police, but they will most likely say it is a civil matter and tell you to file a Court action.

Justin

8/14/2016 08:41:14 pm

If a spouse is asked to leave a residence that they are not on the original deed of and does leave, is it then okay to change the locks and does it need to be proven that this was voluntary? If so how?

8/15/2016 10:07:54 am

If they agree to move out locks can be changed. The agreement can be oral- proving that could create an issue later. See the statute provided in the article.

Robert Smith

8/22/2016 10:01:29 am

My friend and her husband just moved to NC with their 6 year old son after being separated 3 years in Florida and are trying to reconcile. Apparently things have not changed and the husband has threatened to take his life if she tells him it's over and to leave. She fears for her and her sons safety as there are a lot of handguns/rifles in the trailer. What are her options if the husband won't leave voluntarily. The house is in the wife's mothers name. The husband does not have his name on anything regarding the house and does not pay rent or help with bills.

8/22/2016 10:11:33 am

If there are grounds for a Domestic Violence Protective Order that is the easy way to get someone removed from a residence. The owner (Mom) may also be able to bring an eviction (if lease) or trespass action (very slow). Other VERY SLOW options are file a divorce from bed and board or property distribution action.

military vet

8/27/2016 09:03:01 am

Im a 100% connected vet in nc My wife has left 2 times into a condo first time 5 months, then 2nd time in an apt for 6 months both times in another state, she has already been back in the house for a yr and half she does not clean, help out with bill, cook and she work butt comes night time she leaves might night see her for a day or two she says I'm not going no where but she comes and goes as she please while I'm stuck watching my step daughter while she is living life what do I do it embarrassing all the lies and how she treats me and the house I had 2yr fully finished b4 I married her its hard taking care of a 3278sqf house alone plus paying all the bills and she keeps all her money $40 a hour nursing job no money is put towards house bills while im on a fix income what do I do

8/27/2016 12:30:03 pm

1. Accept you can't make someone change.
2. Decide when you are ready to seek permanent change.
3. Understand that the permanent change you seek will be VERY expensive both mentally and financially short-term and perhaps even long-term.
4. Go see a good divorce lawyer.

JUAN C SANTOS

10/22/2016 10:00:45 am

My wife and I had an ugly marriage for years. We have been married for 14 years, after many deceptions, i end up cheating on her for one night and i got caught. She then threat me calling the cops if i did not leave the house. I went and left that night to a hotel until things calmed down. Next day she changed the locks, i met with her pastor and this was supposed to be temporary, however she did not want me back, is been 8 months and she is making it more difficult. The house loan is on my name, we agree to give her half of my pay to continue to pay the home bills, but now she is threatening me to screw me over. What choice do I have? What are my rights? I just want this too be done, sell the home and goes our separates ways. We have 4 boys

10/22/2016 11:09:16 am

Sounds like you need to speak with an attorney. There are many issues to resolve such as selling the house and the potential of her suing you for spousal support.

Heather Harrison

1/29/2017 01:16:04 am

If husband has willingly left the property, but not moved out (he went to stay with his parents) and his name is on the lease, do I have to let him come back? We have kids that I am worried about emotionally...

Jason D Witt

1/29/2017 12:10:14 pm

As you can see from the statute above the answer is not always clear. Where is his residence- your apartment or with his parents? If he has been gone for a few days vs. a few weeks that may make a huge difference to a Judge. I would recommend speaking with a local attorney as to how to proceed.

Lisa Brown

1/30/2017 10:36:49 am

If my husband tells me to get out of the house and we are still legally married, do I supposed to leave even though my name isn't on the deed? My kids and I have nowhere to go and no family in NC. Please help

1/30/2017 10:42:46 am

You can still assert a marital interest in the house and therefore he should not be able to simply throw you out absent allegations of domestic abuse via a 50B restraining order or criminal charges. Obviously things have become ugly so it is time to speak with a local divorce attorney.

samita cruz

4/24/2017 12:52:11 am

My husband says I have 1 week to move out but.. we have 3 children and he really is demanding me to let him live in our trailer WITH our kids and in only to see them every other weekend. I have been with my babies since day one every single day! Been a stay at home mom for11 years due to he wouldn't let me work! Had a very severe car wreck Nov.14the and just out of nowhere he said he wanted a divorce on Jan.5th! I haven't been perfect by any means but I have never cheated or anything to that matter just was young and stupid! He wants to control everything I do.. doesn't leave me money.. checks milage on car and talks to me the wrist way possible and brings up my past in front of our children! Again he asked for a legal divorce Jan 5th but yet he's still here and I haven't said anything. He's even making Me pay half of the bills and He's still here!! But I HAVE TO GET OUT IN A WEEK WITHOUT MY KIDS! Please help

4/24/2017 11:15:19 am

He can't just throw you out of the house. That being said if you don't leave things can go from bad to worse. My advice at this point is speak with a local divorce attorney about filing an action for custody and support.

Tina lay

4/28/2017 01:10:32 am

My husband and i are renting a house but my name is not on the lease. He has basically alienated me from kids but his19 year old daughter and her 3year old child and his 14 other daughter are allowed to stay and disrespect me steal from me attempt to fight me and toldly disregards that i am a 51year old sick woman weighing only 83 lbs
Do i have the rights to put them out. My husband doesnt discipline them or anything. What can i do?

4/28/2017 08:31:50 am

There is not much you can do about his kids as long as he allows them to stay. You may need to give him an ultimatum.

Disabled Veteran link

2/6/2017 07:20:29 pm

My wife moved to an apartment 18 months ago and against my will I as a disabled veteran was left alone in woods, away from family members about 15 minutes away from them, my in laws and 40 miles from my family and friends! I have to depend on them, but now no divorce is ever going to end without someone getting mad and I'm already hurt inside and outside with need of medical care asap! She doesn't want to come back so, it's time to stop making things look good while I'm suffering! Her stuff has been gone but house stuff, can I make her just look at pictures, instead of coming here and we are upside down in the home loan! What do I do?

2/7/2017 09:58:11 am

You need to speak with a local divorce attorney ASAP. Be aware that divorce cuts off your right to sue for spousal support and property distribution.

Jackqueline McDonald

2/8/2017 05:21:51 pm

I have been married for 1 year. My husband wants a divorce l, he wants me to move out of his home where I have been living for 2 years. What are my options?

2/8/2017 06:55:12 pm

One spouse can’t simply throw the other spouse out of a marital home regardless of whose name is on the Deed. Even if a house is only in the name of one spouse the other may still have a marital interest in the house via mortgage payments made with marital money during the marriage. If divorce is a possibility then speaking with a local divorce attorney is always a prudent move to protect your rights.

Lauren lee

2/16/2017 05:39:33 pm

Hi there , question ... asking for a friend ...
Couple got divorced in Alaska they own a home in nc . He has an Alaskan dvro on her , yes her for a year. He has sole custody of the kids . Per ak court she was told to vacate or list the house for sale as of march 1st. Based on the law of and that she's not on the deed the only way to get this person who has no job and isn't willing to cooperate to refinance out is by foreclosure ?
She was told she would get the $ from the house by the judge he just wants his name off of it because she literally will not pay it. He Contacted a real estate person who advised him that she can't be forced to leave.

2/16/2017 06:02:46 pm

If she does not list the house for sale by March 1 as required by the Alaska Order why can't he bring some action in Alaska for her refusing the follow the Court Order? I think your friend needs to speak with an attorney in Alaska about what his options are to hold her in contempt of Court.

desperate

3/4/2017 10:11:12 am

My husband claims he is going to get the law to remove me from the home. I told him I am not leaving. He had the house 2 years before we married and we have been married almost 9 years. He Said He Has Already Seen An Attorney AND Will Get Papers SERVED On ME That I HAVE To leave. Can he kick me out of the home?

3/4/2017 10:46:11 am

Absent a Domestic Violence Protective Order "DVPO" he can't just have you thrown out. He could file and serve a lawsuit asking for the for the house to be distributed to him in property settlement, but that usually takes months to get in front of a Judge and you could argue your position at hearing. That may be the "papers" he is referring to, but he is likely just trying to intimidate you into leaving. If he has seen a lawyer it is time for you to do the same! If he makes most/all the money you could certainly sue him for spousal support.

North Carolina Question

4/9/2017 09:25:31 am

Husband filed bogus restraining order while out of town; judge determined there was not cause. I chose not to go back to home so separation could begin. Home deed and mortgage in my name only. Can I file for eviction due to bogus restraining order filled to have me remove while out of town. He is not paying mortgage and making my credit bad.

4/9/2017 11:16:36 am

A regular eviction action generally requires a landlord-tenant relationship, which is not the case in your situation. Even though his name is not on your house he still may have a marital interest in the house.

You likely need to file an action for property distribution and ask the house be distributed via an expedited interim distribution. At this point you should definitely speak with a local divorce attorney on how best to proceed.

trina

4/12/2017 12:44:37 am

is emotional and verbal abuse considered DVPO? my husband cheats, does what he wants, makes threats and doesnt pay bills. How can i get him removed from the home? Can the landlord evict him since hes not on the lease?

4/12/2017 08:46:36 am

DVPO's are very fact and Judge specific. Just because he cheats and doesn't pay bills is generally not grounds for a DVPO, but threats can be depending on the exact nature of the threats. You really need to speak to a local divorce attorney for guidance on what to do next.

Trying to understand

4/15/2017 09:22:07 am

So was served with DVPO but there will be no evidence or facts to support her claims. She is a prominent PHD counselor and has physically and emotionally abused me. She will stipulate malingering as her defense and she filed against me the DVPO ex parte. So, my questions, how is it legal for her to evict me without a decision being made yet in the hearing? Also, is malingering considered an act of violence on any level? I know it is lying but I never physically touched her, harmed her, threatened her and again. As well, I was pulled fir a traffic stop, arrested for an outstanding warrant involving f-larceny under 550.00 and was served while in jail. She closed bank accounts, shut off phone, took truck titled in both our names and removed all my stuff and placed in a storage unit. And this has not been decided join in court. Her lawyer has contacted me about a consent order and I do not understand? How can someone make you homeless, careless, bank accounts emptied, shine shut off and more.....but evict me without a determination?

4/15/2017 11:55:14 am

1. A Judge evicted you after holding an Ex-Parte hearing without your presence- that is typical in DVPO cases.

2. Malingering should not be considered violence- the paperwork should state the basis for her Order- she likely claimed you threatened her and/or put your hands on her.

3. Once again, even though the Judge made a "determination" of fault by you at the Ex-Parte hearing you have a chance to reverse that decision at the review date, which is typically set within 10 days.

4. At this point you really need to hire a local attorney to challenge the Ex-Parte Order at the review date. Be aware you are not eligible for a Court appointed lawyer for a DVPO since it is civil and not criminal.

Joseph Martin link

5/25/2017 04:44:26 pm

My girlfriend and I live together in a house that we are purchasing. Under threats of her calling the police, I complied with her demand to leave. She changed the locks on the doors with no Domestic Violence Order never being filed. Now she has filed a DVO but I have not yet been served. She is wanting me to sign an agreement basically giving up my rights in the house and she will drop the DVO. This seems like blackmail. Sign or else. Is this legal?

5/25/2017 05:34:58 pm

If you voluntary move out she can legally change the locks. The whole point of a restraining Order is because to protect a victim in fear. If she is contacting you regarding settlement then that can be used in Court to show she is not afraid of you. Make sure you save her texts or emails to show this continued communication. You need to lawyer up at this point.

Lisa Yates

5/28/2017 09:04:09 pm

My wife and I have been married for a little over a year and I caught her cheating last summer but ultimately forgave her and we worked it out. For the past month, she's been coming home late and when I ask where she's been she says out riding. She drinks heavily. Tuesday night she didn't come home until around 10pm and was drunk and lost her phone while taking the dogs out. I found it and went through it and found out she's cheating again. I have screenshots of conversations and pictures. I've asked her to move into the spare bedroom and she refuses and still tries to deny the affair because I haven't told her I found and went through the phone! How can I make her leave the house? We rent and the rental agreement is in my name alone along with all utilities. I'm in NC, please help.

5/28/2017 09:29:13 pm

There is no quick and easy way to evict your wife absent domestic violence. You could file an action for divorce from bed and board or for Interim Distribution of martial property and possession of the apartment. The problem with those options is they are both expensive and slow. How much longer do you have on your lease? You may want to consider just moving out yourself at some point.

Before you do anything you should speak with a local attorney about your exposure regarding alimony and equitable distribution. You also need to speak with a lawyer about other ways to document the affair (maybe hire a private investigator) so as to protect yourself later in Court.

jenarra putman

6/2/2017 05:01:24 pm

Recently, my husband changed the locks on me after I went to spend a week away from our condo. Everything is in his name but we have both resided there for over 2 years together. I didn't abandon the property, I just wanted the arguing to stop. I moved into our other room but he still continued to act threatening by cursing me out daily, he made it very uncomfortable to be there. He became very upset after I purchased a car for myself. Right after I purchased the car is when he changed the locks on me with all of my stuff was still in the house and much of my shoes and clothes are too. He is making it very difficult for me to retrieve my things even leaving me outside with police, he wouldn't return to allow me to simply get my stuff. I moved to GA a few months back and had to pay for a new place to stay. He turned off my cell phone (joint account) and closed my part of our joint bank account. He still sends nasty nasty emails taunting me. I hate this, I wanted to split amicably but he is being extremely childish about it. We have no children. I really just want my items but at this present moment, I am very upset and want info about him illegally evicting me/changing the locks. What can I do if anything? I don't have money to retain an attorney. Please give me some sound advice. Thank you so much in advance!

6/2/2017 05:14:20 pm

You should have called the police and demanded they let you back in the house. At this point if you have moved to Georgia that is probably no longer an option. If you want anything from him or to retrieve martial or separate property you should consider filing a lawsuit for property distribution and/or spousal support. No attorney is required to file anything in Court, although you are expected to know how to handle your own case.

Is there a substantial marital estate such a retirement accounts or houses to divide? If so, an attorney could conceivably take that portion of you case on contingency fee basis.

Ryan c.

6/3/2017 06:38:51 am

My wife moved out voluntarily in 2015 for a little over 4 months. Because of financial crisis she came back only to move out again months later in 2016. Again after 4 months or so I allowed her because of our child to let her come back. The other night, I came home after work and went to sleep and woke up to get our child ready for school and saw another dude in a guest bedroom where my wife was sleeping. I chased him out the house and put her stuff in the garage. I changed the locks and won't let her back. We live in nc. Even though both of our names are on the deed and loan is in our name am i allowed to do this? She abandoned property twice and was planning on leaving again. Plus she smokes marijuana and hangs around the wrong people

6/3/2017 11:55:47 am

Generally speaking if someone lives in your house or apartment you can’t just throw them out unless they are simply a temporary guest. This is why it is important to never let someone just “move in” your house without a signed landlord-tenant agreement that provides the right to evict (still requires filing a court action) for violation of the lease.

Susan

6/19/2017 09:40:46 am

I own my home & have for 10+ years. The man I'm married to now was living with his sister & moved in with me. We've been married less than a year & he's lived there a little over a year. He gets his mail there, etc. Do I have to give him 30 day notice to get out if I no longer want to be married to him for multiple reasons? What are my rights here & what do I have to do to cover myself?

6/19/2017 12:34:37 pm

You can ask your husband to leave whenever you want, but he doesn’t have to go just because you ask. You also can’t evict your spouse just because you no longer want to be married. At this point to cover yourself you need to speak with a local attorney if he won’t move out on his own.

6/19/2017 02:19:36 pm

So it doesn't matter that the house is not in his name...he's never made a payment on it...or anything? He's emotionally & mentally abusive - which both of my children are witnessing. The house being mine & in my name only gives me no rights???

6/19/2017 03:58:27 pm

If you used money earned during the marriage to make mortgage payments he could even argue the house is now partly a marital asset. Nevertheless, you can’t just throw him out unless there are grounds for criminal charges or a domestic violence protective order (“DVPO”). Read my page on DVPO’s and speak with a local attorney to see if that is an option.

Laurie cawley

6/23/2017 02:47:23 pm

If my husband volunteering moved out of the house how do I keep him from coming back in when the cops won't enforce this domestic trespassing law? He signed lease for apartment. I didn't want a divorce I wanted to work on the marriage. We have no agreement signed because he won't sign anything unless I pay him 13000. Also with him moving out and establishing a residence does this
Mean I am legally separated?

6/23/2017 03:00:49 pm

If the cops won’t enforce the law then perhaps you should apply for a Domestic Violence Protective Order based on his violation of the law. If you two are living separate and apart with the intention of not resuming the marital relationship then you should be separated for purposes of the starting the one year wait period to file for divorce. Take a look at the DVPO forms on my website under the Family Law drop-down menu.

Michelle

7/5/2017 02:58:27 pm

My mom and stepdad have already been granted a divorce and he signed off on the house giving her sole ownership, but she has let him continue to live there for several months. They have no rental agreement and she now wants him to move out. Is an eviction needed? Or can she have the police make him move out given the divorce agreement?

7/5/2017 04:27:56 pm

You can try the police, but they will likely say it is a civil matter and you need to file a Court action.

Chris C

8/24/2017 03:47:54 pm

My ex spouse is living in a house which my name is still on because they can't get a loan in just their name and It has been 3 years. They now have 2 roommates, one with a child in a 3 bedroom. I have 50/50 custody of my son so he is there every other week. In NC can I evict these 2 other people or make them pay me rent?

8/24/2017 04:07:27 pm

You would need to disclose way more personal information to receive legal advice and this blog is open to public view. Some questions you should expect are as follows:

1. Who is on the deed?
2. Why is your wife still living in a house in your name if you are no longer married?
3. Is there a pending property distribution case?
4. Is there any agreement or court order about her paying rent or when she is to leave?

At this point you really need a confidential consultation with a local attorney to discuss your best way forward.

Josie

8/25/2017 10:51:16 am

Me and my husband is renting to own thur our landlord.. Both of our names are on the agreement.. We are getting separated how can I get his name remove from lease? He has left the home and got his own place.

8/25/2017 11:15:16 am

If you want to change the terms of the lease you would need to speak with your landlord.

Kjb

9/3/2017 09:10:13 pm

I recently had a protective order placed against my husband. I want to get a house for my family that's cheaper since he has no income and this place is too expensive. I never signed the renewal lease even though my kid and I are on it. Only my husband signed it. Am I legally and financially bound by the lease, even though my signature is not on it?

9/4/2017 05:40:18 pm

You should read the old lease to make it doesn’t automatically renew. Also, request confirmation from the landlord in writing you have no further obligation or contractual relationship just be safe. That being said, if the new lease was signed before separation it could be a debt to be distributed by a family court judge.

Mari Fuentes

9/5/2017 01:14:32 pm

My estranged husband is attempting to sue me for rent he had to pay alone for the remainder of our lease after I voluntarily left him in an apartment we had together in the result of me walking in our apartment and catching him in bed with another woman. Does he have a case? I have pictures of him and the other woman in our bed

9/5/2017 08:52:05 pm

Is he suing you in family court or small claims court? Any debt accrued during the marriage could certainly be a martial debt to be distributed by a judge via equitable distribution.

9/18/2017 09:26:55 pm

My wife filed a 50B against me while we were living together and have problems. We lived in a house she had brought before we got married but I made all payments since the marriage but didn't want to get in trouble with the law so I moved my stuff before being served. Once served, the judge had denied the 50B. A few days later, when I went to move back, she had changed the locks. Do I have a right to get a locksmith and move back in?

9/18/2017 09:55:49 pm

I would not recommend moving back in unless you want to give her an opportunity to lie again resulting in criminal charges this time.

Nadene

9/27/2017 08:14:25 pm

My friend's husband always threatens to get her out. Her name is not on the lease, can he do this? He also states he will get full custody of her daughter because she cheated, can he get full custody?

9/27/2017 08:30:18 pm

He can't simply evict his wife because he no longer wants to be married. Even if she did cheat it does not necessarily impact a custody case unless she exposed the child to cheating or she neglected her role as a mother to be with her boyfriend.

Custody is based on what is in the "best interest" of the minor child. Your friend needs to talk to a local attorney ASAP as this is clearly getting ugly fast.

dieudonne

10/11/2017 11:19:52 pm

my wife since over 6 months no longer sleeps in the same room with me but in the living room. I asked her but she advanced reasons under the pretext that I speak evil of her to people. I do not do it but I have the impression that she is looking for fake motives to divorce. It has already been more than 6 months that she is sleeping in the living room. I don't want to divorce but i think she is looking for some reasons to claim divorce. Last year, she tried to ask to DSS child support because i was working in OHIO then they stayed in NC then she canceled that. I think she is looking some reasons to get child support. What can i do ?

10/11/2017 11:29:47 pm

She won't be eligible for child support if you are still living with the child. Sounds like you need to talk to both a divorce lawyer and a marriage counselor to determine your best course forward.

Taylor Smith

10/28/2017 02:43:14 pm

If my husband made me sell my home which was paid for and now we have a new home, is there any possible chance I can keep the new home because now I have no where to go and don't want to start over again.

10/28/2017 05:30:34 pm

The presumption in NC is that the marital estate is divided 50/50. One party may end up the house in lieu of other assets or it could be sold and divided. At this point you need to consult a local attorney for specific legal advice as to your particular fact pattern.

Julie

11/9/2017 06:19:09 am

I am certain my husband is a drug addict. I do not have proof but signs point straight to drugs. He doesn’t work or help me financially with any bills He takes things from the house and pawns them. He steels any cash I have. He takes my bank card and puts me in the negative. We rent our house from MY great uncle. I’m ready for divorce. How can I get him to move out? I don’t have any money for legal fees either. We have nothing to divide up besides two cars that are in my name. I really need advice on how to stay in my family home.

11/9/2017 02:58:54 pm

Easiest way may be for your Uncle to speak with a landlord attorney about filing for eviction, but that would require a default under the rental agreement and would likely require you to move out first or at the same time.

drew johnson

11/14/2017 12:37:04 pm

My wife and I are renting a house but only her name is on the lease and she wants me to leave the house.Can she legally have me removed from the house since my name is not on the lease?

11/14/2017 01:12:35 pm

I don't see how she can have you removed if you live there, but perhaps the landlord could have you removed. That being said you need to be very afraid if you think she may run to the Courthouse and lie about domestic violence. That can not only have you removed via a restraining order, but also result in criminal charges to be used against you later in divorce litigation.

Scared

11/25/2017 03:45:44 pm

My husband and I have been together 16 years, married for 12. Everything is in his name, house, cars, bank accounts, everything. He’s locked me out of the bank accounts and is threatening to have me evicted from our house which was purchased with his VA loan two years before we were married. Our first child was almost 2. We’ve never been separated at any time. Can he legally have me locked out of the accounts and have me removed from the house if I’ve never monetarily contributed? I’ve always been a stay at home mom to our two children. Is there somewhere to get free legal help, because I have no access to funds.

11/26/2017 12:09:12 am

He can certainly deny you access to bank accounts in just his name, but he can't just lock you out of the marital home. You can try legal aid, but they generally do not help in custody or alimony cases absent domestic violence. You really need to consult with a local attorney to find out your rights and how to protect yourself.

Lee

11/27/2017 06:49:17 pm

I served a DVPO to my spouse and received an Ex Parte. The hearing for the one year is in a few days. If I get it, can I change the locks?
If he files first for an equitable distribution or asks a judge for us to sell our home, (both names on title), (my name only on the mortgage), then how fast would the judge make me sell my home if he rules in his favor?

11/27/2017 07:29:23 pm

If you were granted an order of protection and were awarded possession of the house then you should be able to change the locks. How and when a Judge would rule in an ED case depends on the county and the Judge.

12/24/2017 03:00:52 pm

Me and my husband have been married for 5 years. We went but there is no lease. He has been on pills and crack for 4 years and its getting out of hand were it gets physical. How can i kick him out without losing the house. Nor my kids.

12/24/2017 04:33:46 pm

If there have been acts of domestic violence you may want to consider filing for a 50B restraining order. What happens later regarding property distribution and child custody will depend on your local judges. At this point you really need to speak with a local attorney.

Marlene Williams

12/27/2017 09:01:01 pm

My husband and I have been married almost 7 years. We live in North Carolina. He moved out of our home 3 weeks ago into an apartment claiming he is unhappy because we don't have sex anymore. He signed the lease on the apartment 10 days before he told me he was moving out. Two weeks after he moved out I found out that he has been having an affair for a year. He claims it is my fault the he had to have an affair because I wasn't meeting his sexual needs. He has already started selling off marital property without my consent. He is now refusing to pay the mortgage, insurance (car and home), car payments, phone, electricity, internet, etc., all of the household bills. I have been the dependent spouse the entire marriage. I do work but don't make a lot of money. He has been paying all the bills our entire marriage. My name is not on any of the bills. My name is only on the house deed and car/homeowners insurance. I have 2 children from a previous marriage. I get child support for the children but far from enough to pay the current bills for the home. He says that if he still has to pay the marital home bills, he will quit his job and let the house go into foreclosure and the car to be repossessed. I let him come to the house twice after he left. Once I learned he had an affair, I told him he was not allowed to come to the house or be on the property. He said he will go to jail if he's not allowed to come on the property. What are my rights? What do I need to do? Thank you.

12/28/2017 12:01:39 pm

At this point you really need to have a sit down conversation with a local attorney about filing a lawsuit for property distribution and spousal support.

Broken

12/28/2017 09:27:55 pm

I have a quick claim deed my husband signed we have only been married for two months and the home was just purchased by me alone. I’ve asked him to leave and he refuses to. We have no marital assets and no children together. Can I change the locks when he goes to work? How do I get him to leave?!!

12/28/2017 10:21:16 pm

Why and when did he sign a quit claim deed if the house never had his name on it? You can;t just change the locks when he goes to work if he lives there with you. At this point you speak with a local attorney about your options if he refuses to leave. If he refuses to leave you are going to have to file a lawsuit.

Liz

5/1/2019 02:49:12 pm

I'm in the same boat, but he's not on the deed or the mortgage. Did you seek an attorney? What did they tell you?

Tarin

1/28/2018 08:38:38 am

I live in Texas. My common law husband gets me arrested for domestic violence that didn't actually occur on 1-21-28. We have been living together for 14 years, and i can prove common law marriage through statements from several people and business clients that i was introduced as his wife, referred to as his wife and lived together as a married couple and family with 2 boys ages 4, and 8. in a home with only his name on deed.I bail out on 1-22-2018. CPS puts a no contact order on me for protection of my kids on same day as bailing out. CPS Investigator knew I would be living with my sister till I could prove through FBSS that I am a fit parent. There has not been a restraing order put on me or anything else. On 1-23-18 a.m. I go to our home because he is not there and kids are in school to get clothes and personal items. His adult daughter is in home who I get along with well, she is there to watch my kids while this is going on. I talk to her for a while and leave. Nothing threatening or anything of the sort was said. On1-23-18 p.m. he starts a notice to vacate simply because I got a few things from the home. I did not know he got the notice to vacate at this point. On 1-24-18, I drive by on my way out of area and notice gated entry to property is locked. I had no intentions of going over that day. I chuckled because we never locked that gate in the 2 years since living there. On 1-25-18, I enter the property through second unlocked gated entry on other side of property, when I walk into the front yard his adult daughter is outside and tells me my kids are home and inside, it's a school day so I ask why, she said her dad wanted them home so that I could not legally come into the property. I notice at that time the notice to vacate taped to outside of door with large black tape, I remove the document and leave. I call Cps officer on my case and inform him that my kids are not in school and the reason, he tells me that they are both sick and thats why they are home. He also tells me that I was trespassing when I
Walked onto that property and that he was sure that my husband would be calling the cops, after a heated conversation as to the insight of the kind person the man I married truly is I hang up on him. I start to talking to everyone my husband and I know having them sign statements about knowledge of his controlling and manipulative ways, and how they noticed I was submissive and how badly he talked to me in from of them and in front of our children as well, I call him with names and numbers and refuses to call them back to conduct interviews, he doesn't even want to hear the numbers. On 1-26-18, I notice the kids are home again playing outside during a school day. 1-27-18 Saturday I worked all day mowing so I could make my bail payment. So four consecutive days I cannot access the property to get my things since the I see the notice to vacate. And the eviction Process starts on 1-29-18, I will receive a court date. Do you think I will win ? If I get evicted at the end of all of this because of domestic abuse that did not actually happen, and he gets arrested and goes to jail for aggravated sexual assault of a child in the past; for starting a sexual relationship with me when I was 12 and continuing till my current age of 33? Will I be able to reinhabit the home or is the a reversal process that I must go through for eviction while he is incarcerated.

1/28/2018 12:14:43 pm

If this took place in Texas you would need to speak with an attorney licensed in Texas. Laws vary dramatically by state and this blog article only pertains to North Carolina law.

Ann Price

2/15/2018 12:51:31 pm

I have been with this person for 14 years ..we had 4 children together ...we purchased a home a few years back ..i paid off his credit ...we went have on everything escrow etc...however when we went to sign the papers ..everbank took me off at last minute said because we were not married ...its there policy..told us to just go get a quick claim deed..we been together so long you don't think the worse.. so I didn't rush getting it..so he cheated almost 2 years ago ..i kicked him out..he hasn't been here ..no support for kids..no income tax is back he wants to file the kids and I said no..so now he is trying to evict me..any thoughts on what I should do..thank you

2/15/2018 01:22:18 pm

If you are not married and not on the deed that is going to be a major issue. At this point you need to meet with a local attorney to discuss your options in detail.

Che Lee

3/23/2018 12:24:33 pm

If I left my house after 1yr and me and my gf/ baby mama not together no more do I still have claim to my house which still have my name on the deed? Plus shes letting other people I don't know nor want living there. How should I approach this? Plus she changed the lock after a year. Can I do anything about it?

3/23/2018 07:29:34 pm

If your name is on the deed then you certainly have an ownership interest That being said, she had the right the change the locks when you moved out. At this point you need to seek local legal help on what to do next.

Angela Deeds

3/27/2018 06:39:15 pm

My husband and I have been married for over 13 years. We separated temporarily in 2016 and he moved into a house with our children. We reconciled a few months later and I’ve been living with him for over a year, with the landlord being aware for 9 months now. I’m not on the lease but he’s telling me I have to move out now since things are rocky. Can he make me leave? If he calls the police, can either they or the landlord make me leave? If they can should I take my children with me? I don’t want to upset their lives but I also don’t want to lose them.

3/27/2018 06:48:40 pm

I don't think your husband or police can make you leave and I doubt the lease prevents you from being there either. That being said you really need to speak with a local attorney before things get ugly.

3/27/2018 08:48:10 pm

Are there any loopholes to this that I’m missing? I called the sheriff’s department to ask the same questions, and they said neither my husband, nor the police, nor the landlord could remove me. I just want to be confident that I can stay in my home before I let him know that he can’t actually force me to leave. I also want to be sure that I won’t need to make any arrangements for my children. Thanks for your assistance.

3/27/2018 09:54:45 pm

He could go to the courthouse and make up lies such as you are suicidal or threatened him or the kids. People apply for and are granted bogus domestic violence protective orders far too often.

You might as well speak with a divorce lawyer now and be prepared for what is next rather than wait and be in reaction mode when he makes the first move to separate.

Brenda

3/28/2018 07:25:26 pm

I moved out in a hurry and was wondering if I can enter the home to get more of my things without him there. It is our house that we bought together but is it breaking and entering to go in to my own house. He has changed the locks

3/28/2018 08:56:37 pm

You should not step foot on the property if you have already moved out. Take a look at the Domestic Criminal Trespass statute above.

4/1/2018 11:35:48 am

My husband is strung out on opiates, steals money and property from me and I've had enough. We own the house but it is on my mother's land. Can my mother have a no trespassing ordered on him and removed from the property since he refuses to leave the house? He pays no bills and literally does nothing but goes to work and blows his money on opiates.

4/1/2018 01:25:38 pm

Do you have a written lease with your mother? I don't believe she can simply hang a no trespassing sign and expect the police to remove him. At this point she probably needs to consult an attorney about bringing a civil trespass or eviction action.

MAYRA RAMIREZ

4/7/2018 09:12:59 pm

I have been living with my husband for 4years and married for 3years we have a 2yr son with him and a 7yr daughter from previous relationship. We rent, but there is no lease agreement since his aunt and grandmother are the owners of the home in which we reside. I love my husband and I really don't want a divorce but I want to get legally separated because for most of the time he is a great husband but sometimes when his cousins come around he gets wasted on alcohol and I suspect they even use drugs he sometimes gets aggressive and verbally abuses me in front of my children. I'm thinking if by legally separating from him he will come to his senses and stop getting drunk. How can I move him out of my house so that he can learn to appreciate his family and stop his bad behavior when bad influenced by his cousins. In other words I want to know what can I do to get him to move out of the home legally.

4/8/2018 11:10:05 am

If there has been domestic violence you could be eligible for a domestic violence protective order. If his family owns the home staying there long term may not be an option if they take his side in the dispute.

Shawn

4/20/2018 08:03:44 am

Me and my wife just recently moved back in together and I have cheated on her and got caught can she evict me out of the house even if my name isn't on the lease we are renting and she threw my clothes out in the yard and told me to leave and not to come back before I went to work i put my clothes in my car so she wouldn't leave them out in the rain and she took my house keys off my key chain can she legally do that

4/20/2018 11:38:32 am

I don't believe she can legally evict you if you were living together at the time. That being said, I would not return as she sounds mad enough to go to Court and lie that you assaulted or threatened her and you might end up a restraining order of criminal charges.

Anonymous mom

4/20/2018 09:55:06 pm

My ex and I have 2 children together and live in the same house because he refuses to leave. We are renting but his name is not on the lease. He refuses to leave because he says he won't leave his kids. I don't want things to get ugly, but what are my options here? Is he allowed to take off with the kids? He recently lost his job and I'm afraid he'd take the kids to his parents if things got bad. Am I able to evict him?

4/21/2018 10:28:08 am

Are you married to this person?

5/10/2018 09:49:24 am

My husband and I have determined after 8 yrs of marriage and 10 yrs total of being together we no longer want to be married. We are renting a house and both of our names are on the lease. He is expecting me to leave the house and move out while he moves the woman he has been cheating on me with in. I have a daughter in college and I have worked hard for everything I have. He came to the marriage with nothing but expects for me to leave. Our lease isn't even up yet. I want to stay in the house and he move out and I contact the landlord on how to handle the situation. I am pretty sure this will make things worse because he keeps insisting I move hurriedly so that he can move his mistress in the house. What are my rights?

5/10/2018 10:43:19 am

Neither can kick the other out at this point. You really just need to speak with a local divorce attorney at this point regarding property division and other potential issues.

5/11/2018 04:56:01 pm

My husband is a drug addict. He doesn't help with any bills and we live at my mom's. I have lived here for 2 years stl and he moved in a year ago. He moved out for the month of March but came back stating he would officially do something to change. It was good for a few weeks but he is back to blowing money on drugs and not helping out. He has stolen mine and my mom's things. When I told him I wanted him to leave he said he wasn't going anywhere and I couldn't make him. My mom rents this home and he is not on any lease. What can we do??

5/11/2018 05:36:57 pm

If he stole from your mom recently and she is afraid on him she may be eligible to get a restraining order to have him removed. That being said, since this is your husband, you really need to speak with a divorce lawyer.

Zelda

6/5/2018 09:44:16 pm

Hello, I cant stand to live with my spouse any more. Can I get a loan to buy my own place and not have his name on it? I am thinking about the NC requirement of 1 year living apart to get a divorce. I believe we can agree on most everything. Will I need an atty before I move out? We need to go as cheap as possible.

6/5/2018 10:24:17 pm

Getting a mortgage while married without a free trader agreement is difficult to impossible. You should definitely consult with a lawyer to discuss your specific situation before you move out or do anything.

Renee

6/23/2018 06:35:01 am

I have been married for 22yrs. Our kids are 22,21,19,9 & 8. The 3 youngest live at home. My husband is an alcoholic who will stay sober for varying lengths of time. He has 2 DWI’s & currently has a breathalyzer on his vehicle. He has recently started drinking again. He is verbally abusive & keeps the 2 youngest up until midnight or later on nights when he drinks, no matter what I do. We rent from my boss, but do not have a signed rental agreement. He refuses to leave or stop drinking. He has been physical abusive to me in the past to the point where my older children & their friends have stepped in between us. When sober, he is a good father & husband. He refuses to seek any type of help. I can’t continue to subject myself & my children to his behavior. My 3 oldest children are encouraging me to kick him out, for the sake of myself & their 2 sisters. He refuses to leave. I feel like a separation my be enough to convince him to seek help, but will divorce him if necessary. I know he will fight me every step of the way regardless. What can I do?

6/23/2018 11:37:43 am

You should look into a 50B restraining order, but need to speak with a local attorney first.

Shell

7/5/2018 12:07:19 pm

My husband has cheated & continue's to cheat. How can I make him leave? He won't leave & doesn't want a divorce.

7/5/2018 03:43:32 pm

A Divorce from Bed and Board may be an option, but speaking with a divorce attorney should be your next step.

MICHELLE

7/13/2018 12:26:53 am

My daughter had a DVOP against her ex boyfriend, and he was evicted from her home. My question is, how long must she keep his personal property before she can legally remove it from her home? We were told after the final trial date that he had 30 days to file a civil case against her to try to get his furniture, appliances, etc back. and he never did so and 30 days is over. Can she legally dispose of, or sell his things now?

7/13/2018 08:45:51 am

That is a tough call as there is no specific law on point to my knowledge. Who told you he only had 30 days to file a court action? You could try and contact the NC Attorney General to see if they can offer any guidance.

Alexa

7/26/2018 04:38:43 pm

I have been married for nine years. My mother owns the home we live in, in NC. We've lived here about seven months and have a verbal "rental" agreement with my mother. He had paid ber only once. I want a divorce. He is emotionally and verbally abusive. He is good not to actually touch me though and just hits walls and such. He doesn't want to separate. And when I bring it up he bullies me into believing I have no options since I can't kick him out and says he will never leave and he will make my life hell. He has controlled everything to the point of me never working, being on the registration on the cars and i take care of our son. I just want my house and to be able to see or have my son. But he is definitely vindictive and trying to control the situation....agai n. I want my life back and to be a person. I have no way to see a lawyer and he carries a weapon at all times. Do I seriously have no rights?? I know I can't just kick him out but how am I to get help if I can't even leave the house! Plus he argues that my health will prevent me any kind of custody. My health is bad from depression and the need to get out of my situation. But I am willing to do whatever I have to to get my life back! Thank you.

7/26/2018 07:37:40 pm

You need to seek specific legal advice from a local attorney. If you cannot afford an attorney you should contact your local legal aid office if you feel you are a victim of domestic violence. Keep in mind that domestic violence does not require physical abuse.

Lisa

8/5/2018 07:26:59 pm

I live in NC and my name isnt on the deed. my husband wants to seperate and I dont have anywhere to go. What can I do?

8/5/2018 08:18:42 pm

You may still have a marital interest in house even though your name is not on the deed. You should consult with a local divorce attorney immediately.

Erika

8/23/2018 10:47:52 pm

Husband is self employed with a business account with only his name. How can I protect myself, since most of his income goes into this account.

8/24/2018 12:36:08 pm

If no agreement can be reached there is not much you can do besides file a lawsuit for support. Before taking any action towards divorce you should always consult a local attorney.

Brian

8/31/2018 05:08:08 am

My wife has agreed to leave our house and stay with her friend, but she still has her stuff there. Could I change the locks?

8/31/2018 08:00:30 am

Has she moved out or is she just staying with a friend for few days?

Cathy

9/6/2018 02:38:31 pm

My husband wants to end our marriage. He is seeing someone but I don't have proof to use. The house was his before we married. Do I have any rights to the house? Can he make me leave?

9/6/2018 04:32:36 pm

You could have a martial interest in the house if marital income was used to pay the mortgage. He should not be able to just throw you out of the house, but you really need to seek legal advice ASAP.

9/20/2018 02:07:17 pm

My husband has been involved with drugs for the last 7 years...I have paid to put him through rehab and have been overly supportive and he still continues to do this. He hasn't had a job in a year and has lost his job several times in the past. I feel like a prisoner in my own life! I have asked him several times to leave since he doesn't pay the mortgage and won't find a job and he continues to say no! I want the house because #1 I am the only one that can afford it and pay for it and #2 I don't feel its fair for me to have to leave when I have been nothing but supportive of him and his finances for several years now. What can I do? I know I could move, but then who would pay mortgage? I can't risk my credit!

9/20/2018 02:29:21 pm

You can't make people change and do the right thing. If you are ready to get separated you should visit a local divorce attorney about filing an action to remove him from the house.

Marquis

10/23/2018 08:01:17 pm

In the state of North Carolina if my wife and her grandson leaves me then claim they are homeless do I have to let them move back in

10/23/2018 08:31:46 pm

If your spouse moves out willingly, then you generally have the right to change the locks and refuse him or her reentry. Take a look at the domestic criminal trespass statute above. If they return without your permission they are potentially subject to arrest. That being said, you should speak with a local divorce attorney before she decides to sue you for property distribution or spousal support.

Catherine Hults

11/9/2018 02:36:51 pm

My husband of 35 yrs told me to get out of our home because he was afarid he was going to hurt me so I left to protect myself now he is telling me I can not go back into the home to collect things that I need and he is saying that if I do not take over my cell phone he is going to shut it off this man has been my sole support for years and I can not gt any help from anywhere is this legal can he just turnoff my phone which is my only meas of contact with anyone including potential employers

11/9/2018 03:56:11 pm

You need a sit down consultation with a local attorney ASAP.

11/26/2018 11:33:37 am

I moved out of our home in NC in June. My husband is dragging his feet on settling our property. The home we lived in together is paid for and mortgage-free, therefore he is living in the home completely rent-free while I am living in an apartment with quite a hefty monthly rent. Is there any way to force a sale of the house or to make him pay some type of occupancy rent while he lives in the home rent-free?

11/26/2018 05:09:15 pm

Has nobody filed an action for property distribution despite being separated since June? Might be time to do so because it sounds like he is content to live rent free.

Denise

12/18/2018 07:08:16 am

My husband, a confirmed drug addict, relapsed again after 9 months. He left the home to pursue his use of drugs. Why can I not claim that he deserted me. Why do I have to allow him back into the home so he can pawn the rest of any items of value.WHY is this ok?

12/18/2018 07:24:05 am

You should speak with a local attorney about whether you qualify for a 50B DVPO or if you can simply change the locks if you feel he has already moved out.

1/29/2019 12:21:41 am

Hi question for NC law. Ive lived with my girlfriend and her children for about 7 years. Recently I lost my job and have started to study for a better job. But I guess I'm just an expendable commodity and shes wanting me to move out of the house.
My question is like the rest. I do not have my name on the lease...I do not pay rent now because of losing my job. Can she kick me out with no notice? And she is trying to get me to leave the house tomorrow suggesting I go to my mothers. Can she change the locks while Im visiting my mother? Or can she claim that I left and moved out?
Thank you in advance.

1/29/2019 10:49:28 am

She can't just kick you out, but staying there is risky as she could easily go down to the courthouse and lie to get a restraining order. Bottom line- stay there at your own peril.

Elizabeth

5/1/2019 02:41:05 pm

I've only been married for less than 3 months and my husband is cheating on me. I bought our house and I'm the only one on the deed. What do I have to do to get him to leave. I've already served him with separation papers, but he didn't even look at them. Would I have to agree to sell the house to get him to move? There isn't any equity since I've had it less than a year.

5/1/2019 02:45:22 pm

You really need to meet with a local attorney to explore all your options.

Kristine Bennett

6/5/2019 01:18:35 pm

I voluntarily moved out of my marital home and now have my apt with a lease. My husband is unemployed and at home with our 4 kids. I pay all the bills. His family is currently sending him money to cover the mortgage. I can no longer afford this arrangement and would like to get back in my house. Can I do so without his permission ?

6/5/2019 01:55:31 pm

You need to meet with a local attorney before doing anything that could result in criminal charges of domestic criminal trespass.

Karole

6/12/2019 08:27:35 am

My husband and I moved to a home that we have been renting for 3 years. His name is on the rental agreement with me as living there. Our lease is up 1 August and he just said over the phone that he is not renewing the lease and that we need to go out separate ways.

I have 6 weeks with nowhere to go at the time. It’s not enough time for me to pack up and move everything and find a place that will be financially affordable for me. I also have a dog who is a breed restriction but I let my husband train him as a service dog.

Can I sue for spousal support for a year at least to allow time to find something and possibly enough time to find a better paying job as I am the dependent spouse of a retired disabled veteran.

I have grounds of infidelity as well...videos, texts and pictures

6/12/2019 09:49:28 am

Before filing any claims for spousal support you would be wise to speak with a local attorney on local procedure.

Lauren Martin

7/15/2019 09:45:38 am

My ex and I are both on the lease. I have a restraining order against him and my lanlord is giving me a hard time about evicting him and removing him from the lease. He has already moved out but keeps threatening to come take my things and my children. What is my lanlord requires to do in this situation.

7/15/2019 11:07:03 am

Does your restraining order not forbid him from entering the home? I would insist on having the landlord change the locks for your safety. If you have children with this person you likely need to file a custody action as custody terms are only valid for 1 year as part of a restraining order.

Cathy Tart

8/2/2019 09:21:00 pm

If your spouse has his address changed on his license to his brother's & has auto insurance at brother's address but still will not get out of martial residence... Can you evict him?

8/3/2019 09:46:21 am

If he still sleeps at the martial residence then I don't see how he has moved out.

Jake Morris

12/4/2019 05:47:31 pm

My mother would like to kick her husband out of her house. He was arrested in Kentucky for Battery and Unlawful Imprisonment. She passed on the no contact for two years but she thought they could amicbly split but it's looking like that's not going to happen. He has had his court date and is back in the house while we have decided to leave for now. Does she have any legal right to kick him out?

12/4/2019 08:05:56 pm

She would need to speak with a local attorney to discuss all her options as kicking him out is just the start of the battle if they are married and own a house together.

Teresa

1/27/2020 07:08:49 pm

My husband and I have been married for almost 9 years. My previous spouse died in a crash and I have 2 children from that marriage (none in this one). My current husband has a problem with pills...has been going on for a while and getting worse in my eyes. At one time; he pawned everything he could and lost it...my stuff included. The house is in my first husband’s name and since he had no will when he died, it was left to me and my girls, one of which is not 18 yet. The house was paid off before my current marriage and no improvements have been made to the residence during this marriage.
All vehicles that I have are in my name and we’re purchased before the marriage. I make the most money and I pay all the bills. He doesn’t contribute a dime for anything, but he still begs and borrows from me to support his habit. I have asked him and told him many times that he has to leave, but he won’t.
He has no where to move to. Due to his habit and all the money he has wasted, we had to file bankruptcy and we ended up surrendering his house (no one lived in and still had a mortgage that only got paid if I paid it). The bankruptcy just ended...discharge coming very soon.

What options do I have to end this marriage? I don’t not want to have to pay him spousal support because he does have a job and spends all of his money and a lot of mine to support his habit. We have nothing in both of our names...no bank accounts (my name only), cars or anything.

1/27/2020 08:44:46 pm

Unfortunately it sounds like you are in for a potentially ugly divorce because he has nothing to lose. Even though you did provide details about your case there is simply no way to obtain adequate legal advice for a case of this nature via an internet forum. You need to meet with a local divorce attorney ASAP to protect yourself and set yourself on a path of freedom from this addict.

Leah

1/27/2020 09:34:00 pm

See if you can get a restraining order ASAP
Contact women’s Interact
They will help you
When he is out
Change the locks
They gave free counseling for the trauma
Establish a file with them

Use free legal aid
Again they Can help you
Plus they can help you get free divorce classes
There are attorneys in Raleigh who can help by helping you do some of this yourself
Sell you the paperwork and show you how to divorce him
At some point you will need to establish equitable distribution and decide about alimony
I’d give him nothing
Keep records

1/27/2020 09:26:17 pm

Hi, Jake Again. So my mother has a restraining order against my step-father. But she wanted to know if she needs to draw up a document, either on her own or with an attorney, to legally evict him from the home or is the order enough?

1/28/2020 08:59:55 am

It depends on what the order says. Does the order prevent the other party from being at the house? If so, contact the police.

Victor A.

6/7/2020 03:57:06 pm

My name is on the deed to the house but not on the loan. My wife and I pay the mortgage and other bills equally. I have checks and documents to support my claims.
My wife has made life so hellish for me just to frustrate me to leave the house. I was thinking of doing that when I found out she was planning to bring her family members whom I don't get along with from a different country. Leaving the house would just fit it in to her plans.
However, I am willing to stop paying my part of the bills since she already had plans. If the house goes into foreclosure, what are my liabilities if any?
Can I sue her for spousal support because she makes more than I do now but I was responsible for all the bills for about 10 years when she was in school and did not work. I also have tax filings to support all these. We have been married for 16 years and 3 kids

6/7/2020 07:41:35 pm

You have asked several important questions that require a consultation to address correctly. No internet forum can properly advise you on how to proceed. You simply need to consult with a local divorce attorney about how best to proceed before you make a mistake that cannot be undone.

Mark

8/8/2020 12:05:07 am

My idiot wife accused me of something . That I wented out of other state when I was supposed to be in that other state and it show on the toll pay toll where I drove up to Delaware when I was supposed to be in Raleigh NC . I just decided go up to that state of DC for a visit the same day I just need a break from her to get the stressful off my mind . And she keep accus me of lie lair and say I'm cheating on her blah blah blah and all that non sense . Coming out of her mouth I'm deaf myself and she's a hearing a lot has going on in out married for 4 year noting change . She don't do her wife things and now she's saying I wanted you out of my house . Speak of her house . Just cause my name's not on the deed . Just cause she purchased it before she met me . But inside the house were a big mess up and I fixed up some I side and we both pay equality bills for 4 years . Does she have the legal right to out me out ?

8/8/2020 11:24:29 am

You generally can't kick your spouse out of a marital residence unless they move out voluntarily.

Heidi P

9/28/2020 12:03:01 pm

I been married for 13 years NC. He has credit card bet under his name. Is he solo responsible for it? What will happens to my 401K ? My saving under my name only? Health Insurance for the boys?
He won't leave the house. House deed and credit under my name only. Can I place the house for sale without his permission?

9/28/2020 01:38:10 pm

You really need a consultation with a local attorney to analyze your situation. Trying to get answers over the internet will likely just lead to misinformation.

Monique link

10/14/2020 03:44:04 pm

My husband and I married in TN. We have been in NC for 5 years now. I want a divorce. He has become verbally abusive and has told me to leave with my 4 children. I want to buy a house because it is less expensive than renting. We were trying to get his legal residency but that is not going to happen with the problems we are having.

10/14/2020 04:33:59 pm

Not sure what your question is, but you should certainly speak with a local attorney before moving.

M Marlowe

11/29/2020 09:43:21 am

I am a UK citizen married to a US citizen. We have twins. My spouse visa is progressing but she is threatening to kick me out of the house. It is rented, and I contribute by transferring money to her, although lease is in her name. I cannot go anywhere and cannot leave the country as it voids my visa application. Can she kick me out or can I stay as it is my residence? She has mental issues and is frequently in rehab and I can't leave the kids alone with her. Thanks.

11/29/2020 11:39:14 am

Staying in the house with her is very risky as she may eventually lie to the police or court to get you removed via criminal charges or a restraining order. All she has to do is say you pushed her and you could be removed or given a free ride to jail. You really need to speak with a local divorce and immigration attorney..

giovanna

12/4/2020 10:46:41 am

my husband is an alcoholic, drinks day and night. my 7 years old sometimes texts me at work saying to come home because dad is drunk. He is not abusive and pays for everything. but i have enough of seeing him passed out or making horrible noises at night (i think he is in pain). anyways, we have a nice home and he keeps telling me to leave with the kids and he will stay at home. how can i make him leave? and have him pay child support? thanks

12/4/2020 12:05:27 pm

You really need to speak with a local attorney about your options.

John C

2/4/2021 11:39:30 pm

Will i have to pay alimony if my wife who will soon divorce me has basically not made any income for the whole 8 years weve been married, putting almost everything finance (bills, expenses, etc) completely on me? If she moved out to separate for the divorce and got her own place, would i be obligated to basically allow her to use the money I make to pay for her place? Or could I basically say, well if you want your pwn place you can pay for it with your own money?

2/5/2021 10:08:36 am

If she decides to file a claim for spousal support then ultimately a judge will decide. You should consult a local attorney for specific legal advice and for ways to help position yourself now for any future claims.

Stephanie Batsell

2/23/2021 10:23:02 pm

My husband served me with a civil summons for him to be granted the house and it not be made an equitable distibutation. I was assisting with the house payment until Aug 2020 when my job ended, I only work part time now and he has been making the payments Will the judge grant in favor of him to have the house and us not make the house an equitable distribution? The summon says this is his private property but we bought this house when we were married. My name is on the deed but not the mortgage. I am scared and have no family here in NC.

2/24/2021 10:50:06 am

You need to have a local attorney review this Complaint ASAP to advise you how to respond.

Strickland

3/21/2021 11:22:55 pm

If you left the residence of the home you're renting with your spouse for a couple of days after an argument in order to "cool down" but within an hour after leaving, you find that your spouse has already changed the locks, thus preventing you from gaining access to the home, is that legal? We also have a 1 year old daughter who is with me, and now I can not get into the home to get any more belongings if need be. Everything inside of the home belongs to me. I have receipts of purchase, which was made long before we married. I also now no longer have access to getting the rest of my medications that I need since I wasn't moving.

3/22/2021 01:22:29 pm

If you have not moved out and want access to the house you may still have the opportunity to contact the police to see if they will assist you in gaining re-entry. That being said, it would be best to contact a local attorney first and have a witness film the entire incident on a cell phone as the situation could turn ugly fast.

Brian Jones

5/25/2021 09:31:26 pm

This question has been answered a few times, but I have something else to ask with it. My wife and I have been married one year and I moved into her house almost two years ago. Nothing here is mine other than clothes I brought and I still have my house that my son currently lives in. Every argument ends up with “get out of my house”. She never got her name changed and I never got my address on my drivers license changed. We have separate bank accounts, but I have $$635/biweekly paycheck that goes into hers. I’m sure she will say that she doesn’t use that money towards the mortgage or car payment, but other bills. With my address not matching, can she kick me out without the DVOP and can I claim the house as a partial marital asset so I don’t get kicked out?. Can she also tell me I’m not allowed to drive one of the cars until I move out since they aren’t in my name but my money goes towards making the car payment also? I’m hamstrung with the car situation because I can’t leave because I don’t have a car of my own (wrecked it a few weeks ago) so she tells me to walk to my house. She says if she puts my things outside while I’m at work, she no longer has to let me in the house after that because there isn’t any evidence of me living there then. Thank you for your hel!

5/26/2021 12:58:40 pm

She may not be able to legally just kick you out, but that may not stop her from lying to get criminal charges or a DVPO to get you kicked out. By the way she is treating you do you really think lying is beneath her to get rid of you? You should consult with a local attorney ASAP before you wind up with fabricated criminal charges of assault or threats to have you forcibly removed from the house.

Long Term girlfriend/ fiancé/ mother of his child

6/6/2021 06:21:34 pm

Does any of this apply to a long term girlfriend? We’ve been together for 16 years, engaged for 5 years, and we have an 11 yr old together. My name is not on the deed but I’ve lived here for 11 years. I asked him to leave and seek help due his alcoholism. He’s been gone for 2 weeks with little to no contact. Do the following statutes apply to me or can he put me out?

6/6/2021 06:40:41 pm

Your options are certainly limited by not being married. For specific legal advice you should consult a local attorney.

Kam

6/23/2021 05:36:15 pm

My wife and I agreed to separate, I also agreed to leave the rental house if the landlord removes my name from the lease and he has agreed to do so once I move out. My question is….if I take everything in the house can I get in trouble?

6/23/2021 08:52:30 pm

You should always speak to a local divorce attorney before moving out of a marital residence.

Martha

8/12/2021 04:01:18 pm

I caught my wife cheating. This isn’t the first time. I have asked her to leave the family home. I have filled for divorce and will ask for full custody of the kids and the dog. I thought 2020 couldn’t get much worse

8/12/2021 04:51:30 pm

To file for divorce you must be separated for a full year.

Dorthy

8/30/2021 09:51:45 am

I have been with my husband for over 20years. He left out of state then returned. I've had to change locks and get a restraining order put in place. He refused to sign any sort of speration agreement. I am disabled and can only work part time. Unable to pay for all bills. My question is...can I sell anything for the home to help pay for the bills?

8/30/2021 09:59:11 am

If you sell stuff then he will claim you sold everything for less than fair value. Make sure you take pictures and video of any items you sell if you decide to go that route. You really need to speak with a local attorney for specific legal advice.

Jess

9/29/2021 11:48:40 pm

My husband have been married for 2 years we got in to a huge fight and he ended up saying that I would have 90days to figure my life out. I’m a stay at home mom to a 1 year old. I just want to know if he can do that especially since I do not have an employer.

9/30/2021 09:36:59 am

He can certainly initiate a separation if that is what you are asking. My advice at this point is have a consultation with a local attorney to get detailed answers to all your specific questions.

10/1/2021 10:58:26 pm

Over the last year and a half, I jave told my wife pf 21 years to go. At least 15 times. She has even agreed a few times. With a date set. Still have the text of her agreeing. She will not go though. I have recently found out she has been cheating on a consistent basis since before we were married. Caught hiding messages(the old, close it real fast when I come near deal). I waited til it happened enough times to be sure. She made the mistake of saying “If you can het the data from mu phone, do it !” I guess she forgot, it was my previous phone. Still in my name.😂 Ah it was my best friend. Emphasis on “was.” Sorry its long, but I feel this is relevant. Just before(within a couple weeks) we were buying replacement wedding rings. Happy as could be, I thought. Confiding in my friend. I discussed issues I had. With previous cheating. I basically told him exactly how to exploit her issues(terrible childhood issues not dealt with). So he did exactly that. Would the rings be enough to prove we were happy, when he took advantage basically. Enough for alienation of affection ?

10/2/2021 09:51:03 am

For specific legal advice you would need to consult with a local attorney.

Hannah

11/2/2021 08:41:58 am

Hi. My husband claimed he wasn't happy shortly after marriage. Come to find out he's been dealing with another female. He said he does not want to stay here but shows up whenever he wants. Can I change the locks if he's chosen to leave but hasn't taken all of his belongings. He's been gone 3 weeks. How long does he have to collect his items? Thanks

11/2/2021 08:56:40 am

Take a look at the Domestic Criminal Trespass statute cited in the blog article above. For specific legal advice you should meet with a local attorney.

Scott

1/4/2022 01:18:46 am

My wife and I are living apart no legal separation. She had me removed from the house with a dvpo. I violated it. She dropped the dvpo the day we went back to court after the 10 days. I appealed the dvpo and assault and a female because I never touched her. My pill went good I got two days time served for the dvpo violation and they dropped the salt charge. There was no evidence. But my wife is taking everything of mine she sold some of my stuff. She's got my guitar it's worth about $5,000. I've tried to make things work with her but there's no hope. I was wondering is it possible for me to go in the home my name is on the mortgage show is hers. There's no protection orders or anything right now out. And get my guitar out of there while she's not home. I got a key to the house my mail still gets delivered there. I'm on a fixed income. She is taking a couple of my social Security checks. And use the money and didn't give me a dime of it. She's taking my pain medication a couple times. She thinks she's king of the world about everything and I just have to deal with her just taking all my stuff. I made a list of of everything we owned just to put it in aspect lines on notebook paper I've got maybe 30 lines she has like 150 to 200 of things that were bought during our marriage 17 years of marriage. I cannot afford attorney. Like I said I'm on fixed income with social Security. I even gave her 23,000 of my $40,000 back pay when I got it so she could help take care of herself and my son. And now she just got her back pay finally after almost a year and won't give me a dime of it and it's left me completely broke. Not to mention the chunk of money I spent on the appeal to pay for an attorney for that. What do I do I'm stuck I'm losing everything. It's one thing I lost my family in my home and everything but I shouldn't have to lose all my possessions. I know you're going to say see an attorney but like I said I don't have the money for an attorney what do I do legal aid doesn't help without with divorces. Please help tell me a good way to go.

1/4/2022 09:31:57 am

If you go back to the house without permission you risk being arrested for domestic criminal trespass. If you want the court to divide your property you would need to file an equitable distribution action.

Kris

1/12/2022 08:12:57 pm

My husband and i are married 11 years we have 4 years old kid, i have been through a lot with him and I always hope he ll change. I am stay home mom he is working we bought house 6 year ago in NC we still live there. He was phisical with me i never reported him in police ( i have a pictures)he abuse me emotionally, he was cheating on me , he is using drugs sometimes i am scare from him. I want to leave but i dont work because he wanted me to stay home just to control me. He is using drugs, pills all kinds of drugs, but he try to lie to me that he dont use drugs. Few days ago i found some drugs and we get in fight so my question is can we get divorced living in the same house, or how can i make him leave?

1/12/2022 08:56:21 pm

Parties must be separated 1 year before filing for divorce in NC. For specific advice on how to initiate a separation you should speak with a local attorney.

3/6/2022 04:29:30 pm

My boyfriend after 13 years is trying to kick me out of the house that we rent. We've been in the new home we rent for a year now . We have two children my name is not on the lease and he told me that I have two months to get out or get a job. Can he legally do this? what are my rights? Im a stay at home mom with no job. PLEASE HELP.

3/6/2022 04:47:30 pm

You really need to speak with a local attorney ASAP before he does something drastic like illegally lock you out as the police may not offer any assistance.

shannon thompson

3/28/2022 12:42:39 pm

My wife committed adulatory and I want her out the house . What is the process to get her out the house? She is the cause of your uneasiness . I also work from home and it causes me to be uncomfortable while working with her being here.

3/28/2022 01:56:55 pm

For specific legal advice you would need to contact a local attorney with whom you can share all the details of your case.

Twiggy

4/14/2022 07:09:01 pm

married almost 22 yrs husband told me i had to leave our home before the month is up.he also plans on keeping furniture and other things obtained during our marriage.can he do this

4/14/2022 07:47:37 pm

You need to speak with a local attorney ASAP who can fully apprise you of all your rights to protect yourself going forward.

Dan

5/22/2022 02:07:12 pm

Not married (engaged) in NC. Fiancé is on the deed.

Fiancé and I have our ups and downs. Well, we had a pretty bad argument and she went to see a lawyer. Long story short: she said that the lawyer told her that if she left, she would get half of what the house is worth. This is even if I want to keep the house. I can understand if we came to an agreement to sell the house (I’m assuming she would get half considering she is on the deed).
But if she decides to move out on her own (because of a break up or disagreement, etc), does she have the power over me to have me giver her half of what the house is worth, even if I don’t want to sell and want to stay in the house by myself (I pay the mortgage)?

Sorry if that’s confusing. Trying to word it best I can.
Thank you

-Dan

5/22/2022 02:37:47 pm

A co-owner of real estate can generally file a partition action to force the sale of a house. For specific legal advice you should consult with a local attorney.

Kristi

6/18/2022 08:21:11 pm

What if you drew up and signed your own separation agreement (both signatures notified) that states the property is mine and he still doesn't leave?

6/19/2022 10:13:34 am

You would need to have a local attorney review your separation agreement to advise you as to the validity and your options at this point.

Laurie

8/22/2022 11:41:40 am

My daughter has lived with her husband almost a year but has only been married 1 month in house that he had prior to them dating , living together & marrying. Once he found out she’s pregnant he has become verbally abusive and threatening to kick her out because it’s his house and she can’t take her car because that’s also in his name only, please advise! Thank you!

8/22/2022 02:49:02 pm

Your daughter needs to schedule a consultation with a local attorney ASAP.

Johnny kirk

8/28/2022 09:42:29 pm

Sorry my wife willingly left and moved out how long do I have to keep her things here before I can just throw them out

8/28/2022 10:13:00 pm

You should not dispose of any property unless advised to do so by your divorce attorney.

Willie

11/21/2022 12:13:03 pm

Girlfriend moved up over 6 months ago. Mortgage is in my name but deed has both our names. What rights does she have? And how long do those rights apply?

11/21/2022 09:05:00 pm

If her name is on the deed then she is a co-owner. You should speak with a divorce lawyer, but you ultimately may end up having to file a partition action.

Lisa Daniel link

4/17/2023 01:25:36 pm

My husband and I have been separated for two years .Recently we decide to work things out .I was there two days and decided it wasn't going to work .I went yo leave and he won't let me have none of my personal belongings and the dog I had in my possession for two years .What can I do?

4/17/2023 02:09:22 pm

You really need to speak with a local family law attorney ASAP to protect your rights.

4/18/2023 08:36:52 am

My husband hasn’t been back to our home in a week and 2 days. He left me with the rent and a light bill that was due and 1 that is now past due. My husband wasn’t paying any bills toward last 2 month he would always say he doesn’t have it. He is now working 2 full time jobs and when I text him about paying what he owes me I don’t get a response. I told him that he has until the end of the month to remove his personal belongings still no response he has also changed his mailing address what are my options.

4/18/2023 12:37:17 pm

You really need an in depth consultation with a local attorney ASAP to explore all your options and protect yourself.

Peter

5/11/2023 01:56:27 am

My wife and I met in college, have been together for 16 yrs, married 7 1/2 yrs ago and have no children and no joint bank accounts. We bought a house 3 yrs. ago and both names are on the deed. We have now agreed to separate. My wife has been unemployed for the last 5 1/2 years. During this time she went overseas to graduate school for 1 year while I stayed in the US. I paid for her living expenses there. She has not found a job since her return from overseas. She has contributed nothing towards the down payment, mortgage Insurance, home furnishings etc. I pay all household bills and her living expenses. I also take care of the house, inside and out and grocery shop. Basically she does practically nothing due to mental health issues she’s developed since her return. She has been seeing a therapist for over a year that I pay for and has been diagnosed with ADD and anxiety disorder She admitted herself into a mental health facility after experiencing suicidal tendencies a year ago. She’s on medication and is improving.
With that said, she has agreed to be the one to leave the home when she gets a job that can pay for her living expenses since I have offered to help her by paying her rent if she can pay her other expenses. It’s been very difficult getting job interviews in her field with her lack of work experience, which is delaying the required one year separation period as I want to stay in the house.
How do I end a marriage to an unemployed spouse with mental health illness in NC? What recourse do I have to protect my finances and property?

5/11/2023 09:15:29 am

Sometimes the only way to initiate a separation is to move out yourself. You should speak with a local attorney for specific legal advice on what you can and should do next.

alice r link

8/1/2023 05:42:29 pm

My ex husband and I have been divorce for 3 years. He moved out of the house over 4 years ago. Both of our names are on the deed and the mortgage but I have been paying the mortgage and all of the bills since he left. He does not pay alimony or child support. He still has some things in the outdoor shed. Can I dispose of these things on the grounds of abandonment? (Financial distribution was not done in court. We told the court we would settle between ourselves) Also, what rights does he have in regards to the house since he left but is still on the papers?

8/1/2023 06:58:32 pm

This is not something that can be answered over the internet on message boards. You need to seek local legal ASAP for specific legal advice.

Bobbie

8/31/2023 11:24:29 am

My wife asked for separation leading to divorce. I already had got us another house to move my grandmother in. Because of this weird situation, if I choose to stay in the new home and not our first home, I’m considered as leaving voluntarily? Also, been trying to get the loan assumed under her name, for the original home (that’s a runaround). Can I have her sign a landlord-tenant lease, since she doesn’t want to refinance, or sell the home, but the mortgage is in my name only?

9/2/2023 10:20:13 pm

For specific legal advice you should consult with a local attorney ASAP.

Chadwick E Harvey

4/7/2024 10:59:20 pm

My wife filed false allegations of domestic violence evicting me from the home and estranging me from the children. She dismissed her DVPO upon realizing I filed for custody. We have been through the custody litigation and I won primary custody of the children. I filed for custody rather than aiming to get back in my house right away due to my wife's known and suspected mental state. It is substantiated that she suffers from Dissociative Identity Disorder (Multiple personalities) and we also suspect Munchausen Syndrome and Munchausen Syndrome by Proxy. The custody litigation resolved with her getting unsupervised visits every other weekend but I and the children need to get back in my home as we have been living with my parents but that is soon to end. I never left my home voluntarily. Rather, I chose to prioritize the health and safety of my children ahead of getting back into my home right away.

4/8/2024 10:13:17 am

If your case is in Union or Mecklenburg County feel free to send me an email via my website to setup a $150 consultation fee. For all other counties you would need to speak with a local attorney for legal advice.

Your comment will be posted after it is approved.