Husband does not want to separate/leave home

Dear jujubean,

If your friend wishes to remain in the house she can file an action for a divorce from bed and board if she has legal grounds to do so. Information about divorce from bed and board is available on our website.

If your friend moves out and he does not pay the mortgage your friend can file a lawsuit and ask the court to order him to pay the mortgage or put the house on the market.

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


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.

My friend is married with two children. The mortgage is in her name and the deed is in both of their names. She wants to separate, but her husband is refusing and planning on making it as difficult as possible. Is there any way to make him move out? If not, if she moves out, what would she need to do to no longer be responsible for the mortgage? He will not agree to put the house up for sale. Thank you!