There is no way to force a spouse to leave the home under normal circumstances. In North Carolina the only way to force a spouse to leave the home is to file for a divorce from bed and board. This cause of action is based on indignities directed towards the aggrieved souse which render his/her life truly intolerable. The indignities which are most commonly used as a basis for divorce from bed and board are: adultery, habitual drunkenness, physical abuse, and malicious turning out of doors.
If none of these circumstances fit your situation you will need to establish a separate residence in order to file an action for Equitable Distribution. You may then make a motion for interim allocation and ask the court to award you possession of the marital home.
Erin E. Clarey
Attorney with Rosen Law Firm
Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
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