He won't leave


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


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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


I’ve been married for 10 years, we have two children. I’ve been tolerating his passive agressive behavior for years and have recently stopped tolerating. I’m ready for separation, but he won’t go. We’ve been to counseling to no avail. He now tells me I’m not trying. My counselor suggested “shutting down” towards him. Will this come back to haunt me? How can I get him to go?