Here’s what I’ve read on the home site for this situation:
“What if one spouse wants the other spouse to leave?
In the film “The War of the Roses,” Michael Douglas and Kathleen Turner go to great lengths to force the other person out of the house. Many have found the movie’s dark humor entertaining. Unfortunately, its premise isn’t necessarily that far-fetched. Often the law forces people to act in strange ways to protect their interests. This can sometimes make getting a spouse out of the house very difficult. However, under the law in effect since June 21, 1995, it is far less difficult for parties to decide to live apart. In many instances, one spouse finds that he or she is in an unworkable marriage, but, for whatever reasons, does not want to leave the marital residence. While he or she might want to force the other spouse out of the house, an individual cannot legally do so without the intervention of a third party, such as the court. North Carolina courts have the power to force a spouse out of the marital residence if the other can support a claim for divorce from bed and board, child support, and alimony or postseparation support where fault is shown.
What is divorce from bed and board?
Divorce from bed and board is an antiquated statute and concept, but it still has its place in family law. It is, essentially, a judicially-sanctioned separation. In order for a spouse to prevail in a divorce from bed and board action, he or she must establish that the other spouse has committed one of the following fault grounds: 1. Abandonment. ( i.e. willfully leaving the marriage without just cause and without the consent of the other spouse) 2. Maliciously turning the other spouse out of doors. 3. Cruel or barbarous treatment that endangers the life of the other. 4. Indignities that render the other spouse’s condition intolerable and life burdensome. 5. Excessive use of alcohol or drugs so as to render the condition of the other spouse intolerable and the life of that spouse burdensome. 6. Adultery. If the court finds that at least one of these factors exists and that the marriage has deteriorated so badly that the only remedy is to force one spouse to leave, it will do so by granting a divorce from bed and board. If the court awards custody of the children to one spouse, a corresponding child support award may include possession of the marital home. The court might even order transfer of title to real property as part of an alimony or child support award. It is very important to note, though, that forcing a spouse to leave the marital home is quite drastic and courts are reluctant to do so unless the evidence strongly supports that course of action. It thus makes sense to consider seeking possession or ownership of the marital home in conjunction with an action for divorce from bed and board, alimony, postseparation support, and/or child support. At the very least, such a claim forces the other spouse to deal with the situation and may lead to expedited resolution of some separation issues.”
You may find the #5 reason to be of interest. Hope this helps. You may want to let him know that your one year, one day separation requirement for divorce will not begin until one of you move out.