Exclusive use of residence

My spouse and I have been married since March 2012. I purchased the home myself in August 2007. I alone am on the deed and the mortgage. Spouse signed a Deed of Trust in 2018 when home was refinance, but still not included on the deed. Is there some way to request exclusive use of home in order to begin separation. Spouse refuses to leave and I am unable to obtain other accommodations for my son and I with the mortgage only in my name.

If your spouse will not move out to begin a separation for divorce purposes, then you can file a divorce from bed and board action against him, assuming you have fault grounds.

You can also draft a separation agreement and present it to him, and include terms that he shall move out and vacate the residence no later than 30 days after the execution of the separation agreement.

For more information on the cause of action of divorce from bed and board, check out our detailed article What is a Divorce from Bed and Board?

Anna Ayscue

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

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

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