Housemate of Opposite Sex


#1

Dear nmrd9aad:

Greetings. You would be cohabitating and therefore no longer entitled to alimony. If that is not an issue, then there is no prohibition to having a roommate - just to having sex with someone while you are married to another (that is adultery and is a crime in NC). Thank you and 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

ROSEN.COM

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.


#2

Hey Janet,
you say that having sex with someone else while you are married in Nc is a crime…
Does this include whether or not you are separated with no hopes of reconciliation?

the reason I ask is that I have proof that my ex was cheating on me. I never went after any AOA or crim conversation bit with her “fling”. however I began seeing someone roughly sixz months after we had been separated and living in separate residences. Could she go after my significant other?


#3

Yes, having sex with someone other than your spouse in NC is a crime. Adultry, is a misdemeanor and while it is rarely prosecuted it IS still illegal. This includes the duration of separation. Until absolute divorce is granted you are still legally married. You can date after separation and if your spouse/STBX has given consent you could have sex with someone else while separated. This is very rarely even brought up except in custody issues due to the fact that most adults KNOW it happens and the DA usually has more pressing issues to deal with than to prosecute an adultery case.

Your STBX could not go after your significant other unless this 3rd party was involved before your separation and had some influence over the demise of your marriage. The statute of limitations is 3 years to sue for Alienation of Affection from the date. If you have proof, the money to burn and the desire to keep things stirred up, you can still sue the person that she had the affair with. In my opinion, I would consider if it’s truly worth the effort and aggrivation though…


#4

Until the date that you are divorced, if you have a sexual relationship with someone that is not your spouse, you are committing adultery. The circumstances do not matter.

Helena M. Nevicosi
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

10925 David Taylor Drive, Suite 100
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

ROSEN.COM

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.


#5

To Whom It May Concern:

My wife and I are in the process of separating. I am refinancing the house in my name and now have an extra room that I am willing to let someone rent. What is the law regarding this, especially if someone who applies and wants to rent the room is a female?