Hi Tired74
I am sorry to here that you are going through this I have my self bad thing to say I got my tee shirt not happy about it.
You can not kick that (sorry to say this POS) out of the home unless he does something to you.
I will say this to you he is a cheat just like my EX why I say this is he is telling you that she is a friend hello my told me the samething and where is she out of the house. You will get alimony if he makes more then you do I wish I could have.
I hope you can understand this this is very hard for that you where together that long I was with mine for 17+ and it hurts but for what I learned I would never want to ever go back to that.
This will be a long road and if you have children it will be longer road them you think I have been there and done that and it sucks sorry for that.
The best thing to do is to get a sep agg going and make sure it is iron clad like I had my EX lost alot as far as the home and the land and more did I set her up NO she did her self its called greed.
Your what ever you call him knows that he is in a losing battle he is the one who did the crime not you and think of this it is not your fault that he did what he did he did it for EGO like my ex and she is a POS just like he is. Life will go on trust me but the road is long and hard but in time you will see the end of the road. I am not there yet but I will be there one day I hope you will one day.
God bless and good luck
MAybe you should look into a divorce from bead and board.
I meant to type: bed and board
The same reasons your friends are telling you not to move is probably the same reason hes not moving so I suggest to protect everybody from being decieved put thing in writing and get it notarized, something that will say which ever one of you moves the other will maintain all martial debt that is left with no assistance from the departed. worded however fits your situation but make if fair and you will probably have him gone within a week.
If he will not leave you have two choices. The first is to leave yourself and try to negotiate to get back into the house. The advantage of this approach is that it offers you immediate release to the stress you are under. The disadvantage is it requires you to move out of your home and displace yourself. The second option would be to stay in the home and file a lawsuit for a divorce from bed and board, when you have a hearing on this issue the Judge may order him to leave the residence. The advantage is you do not have to leave your home. The disadvantage is this process can take several months, will be expensive and is not guaranteed.
Regardless, of what option you choose, you should at least consult with an attorney before vacating the residence or deciding to file a lawsuit.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
I’ve been married 12 years and found out my husband was seeing another woman the last 7. I can’t prove sex, but I have several phone bills showing where he’s called her 20 times a day, a couple of emails, etc. He’s changed all his passwords so I haven’t had access to his phone records (he has 3 cell phones). He said she’s just a friend, but that’s not his first lie. I asked him to move out a year and a half ago, he said he didn’t want the house, just needed time to move. He still hasn’t moved. Can I force him out? I don’t have a lot of money to pay alot of attorney fees. I started to move out myself, but was advised not to by some friends. I’m also afraid if I move out that he will quit paying the mortgage payment and ruin my credit. I even told him I didn’t want alimony if he would just go. We sleep in separate rooms if that matters. What can I do? I’m just so tired, and so stressed out. I know I’ll have to get another job to make ends meet, but I would rather do that than keep living this way. Someone please help.