What to do if husband refuses to move out of the house, and in NC you have to live for one year separately to get divorced?

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Mortgage on my name and I have two kids living with me and he has one son. I have no family to go to. We bought this house little bit over a year ago. It has no equity and down in price, because it was new. I am truly stuck unless I just stop paying and go bankrupt, don't want to ruin my credit.

Attorney Answer

1
Amber Stewart BillickFamily Law AttorneyConcord, NCNC licensed ·
If your husband is guilty of some sort of marital misconduct you can file a claim for divorce from bed and board, which if granted is a judicially ordered separation. If you can afford to pay the bills without his income you could temporarily move out, file a claim for equitable distribution and asked for an interim distribution of the house, but it would be up to a Judge. You may also want to talk to the bank and see if there are other options besides just ceasing to pay the mortgage.
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