Ejecting spouse when there is a prenup

Business 6 views 1 answers
My wife and I have a prenup. The marriage is over, but she will not leave. The house we have lived in during the marriage was mine before we were married and the prenup says it remains my separate property. The prenup also says all future earnings remain our separate property. My wife thinks I should move out for the year we have to wait before filing for divorce in NC. How do I enforce the prenup and get her to leave?

Attorney Answer

1
Alan Krusch ·
This is a difficult issue and opinions about it may vary. It would be nice if the prenup says that she will leave, but that's a difficult negotiation when you sign the prenup and are "in love". There are plenty of very good family law attorneys in Asheville, and I think that you should make an appointment with one or more and get their opinions. Most likely you will have to file suit to try to make your wife specifically perform the contract. Sometimes, many times, after one is faced with litigation and the cost and anxiety that go with it, attitudes change and settlement becomes possible.
0 upvotes

People Also Asked