Getting spouse to move out


Dear urwhat:

Greetings. She should not change the locks, as this can be construed as constructive abandonment, and they will let him back into his home. She will have to file a divorce from bed and board or move out of the house herself. Best of luck.

Janet L. Fritts
Attorney at Law
4101 Lake Boone Trail, Suite 200
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.


I have a friend who is a a trapped relationship. She wants a divorce very badly. The husband who is away from the home Monday to Sunday will not sign separation papers. He will not leave the house. Her name is the only name on the house and loan. Can she simply change the locks while he is away during the week. What can she do to get the ball rolling. It takes a while to get a lawyer on retainer and she wants him out now.