Can't afford to live apart until divorced


Dear sydjoe:

Greetings. No, you cannot claim to be separated and living in the saame house. Yes, if you cannot move out of the house, then selling it would be the best option to start the separation period. Thank you.

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

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


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.


Hi, this is my first visit. I have initiated divorce with my husband of 12 years. We just get by on our two incomes and can not afford to live in separate houses until we get divorced and sell this one. Can’t we agree in court that we have not lived as husband and wife after a year even though it was under the same roof? Or must we sell the house now?