# He won't move? **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [May 19, 2008, 12:28pm UTC](https://forum.rosen.com/t/he-wont-move/6011 "2008-05-19T12:28:47Z")\ **Posts on this page:** 6\ **Page:** 1
**Author:** ![stepmother](https://avatars.discourse-cdn.com/v4/letter/s/90ced4/32.png) [@stepmother](https://forum.rosen.com/u/stepmother)\ **Post date:** [May 19, 2008, 12:28pm UTC](https://forum.rosen.com/t/he-wont-move/6011/1 "2008-05-19T12:28:47Z")
You need to consult an attorney. You would not necessarily lose your rights to the marital home, but if you plan to continue living there after a divorce it’s best to be the one to remain during separation. One of you must leave the marital home in order for the one year one day separation requirement to begin. IMHO the one that wants to leave the marriage should be the one to leave the home…but that’s just me… ---
**Author:** ![harrassed46](https://avatars.discourse-cdn.com/v4/letter/h/a9a28c/32.png) [@harrassed46](https://forum.rosen.com/u/harrassed46)\ **Post date:** [May 19, 2008, 1:00pm UTC](https://forum.rosen.com/t/he-wont-move/6011/2 "2008-05-19T13:00:47Z")
My husband has done the same thing after 24.5 years of marriage and will not leave the house. I made arrangements to leave, home loan, but he would not sign financial separation papers and effectively trapped me in the home. This is completely and totally a power game. If you don’t have children and don’t need the home, I personally would leave. Especially in my case, he hasn’t taken care of the home and its value has decreased recently with the slump in the housing market. Harrassed46 ---
**Author:** ![don5327](https://avatars.discourse-cdn.com/v4/letter/d/ed655f/32.png) [@don5327](https://forum.rosen.com/u/don5327)\ **Post date:** [May 20, 2008, 12:47pm UTC](https://forum.rosen.com/t/he-wont-move/6011/3 "2008-05-20T12:47:57Z")
Do not move out. The other posters are correct, but moving out will complicate your issues. Talk with an attorney. Explore Divorce from Bed and Board. Be civil. While he says he wants a divorce you cannot force him out, hence the 1 year separation cannot start. If he wants a divorce he needs to put his money where his mouth is and move out. ---
**Author:** ![stressedmom](https://avatars.discourse-cdn.com/v4/letter/s/85e7bf/32.png) [@stressedmom](https://forum.rosen.com/u/stressedmom)\ **Post date:** [May 21, 2008, 3:19am UTC](https://forum.rosen.com/t/he-wont-move/6011/4 "2008-05-21T03:19:42Z")
If you can tolerate the man, stay and let him cover ALL bills. DO NOT give him a dime. Buy only what you need. Trust me. He will not like it and more than likely move out. Good luck ---
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [May 22, 2008, 9:04pm UTC](https://forum.rosen.com/t/he-wont-move/6011/5 "2008-05-22T21:04:40Z")
Your first step should be a consultation with an attorney. If you are not ready to consult with an attorney, you may want to consider attending one of our free seminars. P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit [radio.rosen.com/live](http://radio.rosen.com/live) for details Helena M. Nevicosi Attorney with Rosen Law Firm 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) 9343.0044 Durham & Chapel Hill Office 1829 East Franklin Street Building 600 Chapel Hill, NC 27514 (919) 321.0780 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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. ---
**Author:** ![InfoPlease](https://avatars.discourse-cdn.com/v4/letter/i/8c91f0/32.png) [@InfoPlease](https://forum.rosen.com/u/InfoPlease)\ **Post date:** [May 19, 2008, 12:00pm UTC](https://forum.rosen.com/t/he-wont-move/6011/6 "2008-05-19T12:00:10Z")
My husband has told me that he does not want to be with me anymore. But he has not left the house - supposedly for money reasons. So I am living here and read on the website to save my rights, not to leave the house. He has been divorved before, so I do not know the real reason. What do I do to start the seperation time, but keep my rights if he won’t leave the house ?? He is the one who says it is over.