My husband wants a separation and I don't. can he kick me out of our home that we bought together? We also have a daughter
our daughter is 3. We have been married for 5 years and bought our home in 2012
Attorney Answers
4
Mark Williams ·
Unless you commit domestic violence against him (or he falsely claims you did) and he obtains a Domestic Violence Protection Order against you, he cannot legally "kick you out of the house." While a divorce from bed and board action is another legal method to try and have you evicted from the home, even if one is granted some judges will not order you to leave.
You have many issues here including child custody, child support, postseparation support, alimony, attorney fees, equitable distribution, etc. and I strongly suggest you consult with a local attorney who routinely practices family law.
0 upvotes
Amanda Houser ·
Assuming he is of average physical capabilities, he can most likely physically kick you out but not legally. The only legal ways for him to get you out of the marital home if you don't want to leave is for him to file what is known as a Divorce from Bed and Board and / or to take every legal means he can to make life in the marital home as absolutely miserable for you as possible so that you choose to move out on your own. The better option is for the both of you to work together reasonably and fairly to divide your property, make arrangements for child support / custody / visitation and have that agreement drafted into a formal written Separation Agreement.
0 upvotes
Charles Anderson ·
Your husband could file a divorce from bed and board with a North Carolina court and ask that he be allowed to possess the marital home, at least temporarily. Other than that, he cannot legally make you leave the marital home.
0 upvotes
Adam Bull ·
I agree with both answers above. You should get your own attorney to advise you and protect you.
A well drafted separation agreement may be a means to resolve all the issues and avoid a costly and protracted litigation.
0 upvotes
People Also Asked
Are we still liable as guarantors after a chapter 7 filing?…
2 answers
When working "on call shifts" at a restaurant what is the minimum amount of hours your emp…
3 answers
What is notice of dropping party filed by the plaintif, in a pending foreclosure ?…
1 answers
Does a Last Will and Testament need to be filed with the Clerk of the Courts office to be …
3 answers
What can be done about threats left on voice mail?…
2 answers
What is the consequence of continued driving after revocation charges in Minnesota?…
3 answers
Browse by Practice Area
Litigation
203,509 attorneys
Real Estate
156,159 attorneys
Personal Injury
149,024 attorneys
Criminal Defense
99,634 attorneys
Family Law
95,894 attorneys
General Practice
90,854 attorneys
Business Law
84,818 attorneys
Business
82,448 attorneys
Criminal Law
72,552 attorneys
Intellectual Property
61,381 attorneys