Hypothetical Question

Dear SLB02:

Greetings. First, no neither party can kick one spouse out without the court’s assistance. If a dependent spouse (woman in your scenario) starts the separation process, no, it is not a given that she will ahve to leave the house.

Finally, a dependent spouse has a lot of rights - alimony, equitable distribution, child support, child custody. My advice is that you read about these issues on the main website. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
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

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.

If a woman (who does not work, but stays home to care for the kids), and her husband obviously supports the family, what rights does the woman have should she decide to separate?

I suppose the first and foremost question would be residency. If the house is in both thier names, she could not legally “kick him out”. Or vice-versa. If the woman decides to file for separation, would she be the one that has to leave (provided that he refuses to relocate).