Alienation of Affection


#1

Ok, let me get this straight…you and your husband separated and he has been living in your home. The friend moved in in October. You want to reconcile but your husband won’t or is afraid to tell her to move out? Sounds like he really doesn’t want her to move out.


#2

He is willing to tell her to get out I just wanted to know if I could use this against her to “scare” her out of my house due to the fact that my husband is on my side if we need to use this.


#3

Dear cf,

The alienation of affection lawsuit cannot kick her out of the house, however it may be successful in getting her to leave voluntarily. You will have to prove you and your Husband had a happy marriage and if it was not for the third party you would have continued to have a happy marriage.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

Thank you that is what I was wanting to know she is a no brainer and I think that she will run for the hills when we go that route. He plans to do a sit down first and then go the legal route afterwards. The other question is if I am unable to make ends meet on my own with the children and I am still on the house can I have her evicted to get back into my house with or with out my husband?


#5

It seems as though this is really very confusing and perhaps you ought to get things worked out first:

  1. Do you want to go back to your husband ?
  2. Do you want to live in the house ?
  3. Does he want to leave this person ?
  4. Does he want to get back together with you?

If all answers are not “yes” then the last thing you should be worrying about is this “friend” and an alienation of affection lawsuit.


#6

All the answers are YES and now there is a new dilemma she has made an threat to use against him if he makes them leave, we are looking to a lawyer. The threat pertains to child abuse which has NEVER happened. I think the thing to do is contact an attorney here and find out what our rights are and how to get her out without her being able to “ruin” us and due to his job it will be a big issue if she does this. Any suggestions please forward.


#7
quote:
[i]Originally posted by cf[/i] [br]she has made an threat to use against him if he makes them leave,

Them?


#8

her and the kids


#9

if he wants her out and she (and the kids) won’t go, is the issue money? Does she have somewhere to go? Is it obvious to her that your husband wants her out and you want to move back in? Can you talk to your local law enforcement about having her evicted? Can you offer to pay a deposit for her on an apartment so she has somewhere to go?


#10

Not clear on what the legal question is - if there is one please let me know. Thanks

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#11

I am wanting to move back in to my house with my husband and the girlfriend has made a threat to go to DSS with false accusations towards my husband, so what can we legally do to get her out? Can my husband kick her out or does he have to give her time? I have been told by sherriff that if she doesn’t want to go she can fight us in small claims court to me thats just wrong because its not even her house. So what are my rights? Also how much is getting papers on Alienation Of Affection done?

Thanks


#12

You cannot sue her for alienation of affection since you are reconciling with your husband. This would mean that she did not “alienate” your marriage and split you up.


#13

Okay that makes sense but I have another qustion I am trying to figure out how to get back into my house that her and my husband resides in, being that she has made the threst to him if she leaves to go to a conference for two days can I go and change the locks and move her stuff out and keep my husband out of this? I understand that I have to make sure her things do not get damaged and I will take every precaution of that but I will be out of a place to live by the 15th and I have the kids, so what can I or can’t do while she is gone, myy husband will support me thru this I just want to make sure I can’t get into legal trouble over this.


#14

Dear cf:

Greetings. I would suggest that your husband move to evict her. Yes, you can still sue her for alienation of affection and criminal conversation even if you are reconciling. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#15

HI I have been going thru a separation on neutral terms with my husband since August last year. I have moved out to better give us time to refresh the oppurtunity to reunite. He was and is in some ways going thru an midlife crisis and the reason we separated was due to an affair with a friend. I moved out and she moved into our house since Oct. Now that he has seen what he has done and now wants out of that situation but feels she will buck on the idea, can I get her out of the house using the alienation of affection towards her?