Eviction from house owned by In laws

My husband and I are currently separated. I asked him to leave following multiple incident of domestic physical abuse. I chose not to get a DVPO because it would ruin his career and his ability to take care of our family. I am pregnant and due in May. We do not have a separation agreement yet. His parents who own our home, we rent from them, gave me 6 weeks to find a new residence because they don’t want him at their place anymore. I have a lease agreement that ends 12/2020. I am not late on rent, they just don’t want me in the house. I am concerned because, I feel like this is putting me out of my house, with my 3 children, after I endured abuse at the hand of their son. I also am concerned with putting my name on a lease without having child support or alimony set up. I won’t be able to find a job in my current situation and can’t guarantee funds. What should I do?

Check your lease agreement with your in-laws to see if this allows for them to tell you to find a new place to live without cause.

Ultimately, the responsibility to provide support to you, assuming you are the dependent spouse, is your husband. If you and your husband cannot negotiate alimony and child support terms in a separation agreement relatively soon, then you will need to file a lawsuit in court against him for these claims as well as any others you may be eligible for (equitable distribution, child custody, postseparation support, etc.).

Perhaps you can negotiate with your in-laws to allow you to stay in the home a bit longer until a separation agreement can be negotiated and executed.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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