Greetings. Here are your answers:
If when the house was refinanced, the DEED was also transferred into both names, then there is a presumption that the house was gifted to the marriage. If the deed was not changed, then the house is separate property with marital equity.
No. Even if he changes the locks, she can just get the Sheriff to help her move back in.
See number 1 above. You can research case law on line at westlaw.com or go to a law school library. Best bet is to hire an attorney to do the researching for you (since we have to go to school to learn how to do it, which do you think would be more effective?)
This is not the case. You have been misinformed if you do think it is the case. The court can allow your spouse to keep the house, but will have to divide the marital equity in the property. Good luck with the research.
Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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.