You left - he gets the house until ED by the court or an agreement is reached between you and him. You cannot force him to leave.



Dear suzq9798:

Greetings. No, he is not required to leave and neither are you. Only a court can force one party to move from the home. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


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.


It’s been a week since I left my husband (with my kids, this is both our 2nd marriage and we don’t have kids together). I’ve asked him to leave the house and he won’t. By law, is he required to have to leave since I have kids or is he going to be able to fight me for the house? I just don’t know if it’s even worth it. I only wanted to stay because it’s the only home my children have known.