# Hypothetical Question **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [May 18, 2005, 7:43pm UTC](https://forum.rosen.com/t/hypothetical-question/2109 "2005-05-18T19:43:27Z")\ **Posts on this page:** 2\ **Page:** 1
**Author:** ![JanetFritts](https://avatars.discourse-cdn.com/v4/letter/j/d2c977/32.png) [@JanetFritts](https://forum.rosen.com/u/JanetFritts)\ **Post date:** [May 18, 2005, 7:43pm UTC](https://forum.rosen.com/t/hypothetical-question/2109/1 "2005-05-18T19:43:27Z")
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 > **[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 but a full discussion with an attorney should be undertaken before taking any action. ---
**Author:** ![SLB02](https://avatars.discourse-cdn.com/v4/letter/s/5f8ce5/32.png) [@SLB02](https://forum.rosen.com/u/SLB02)\ **Post date:** [May 17, 2005, 11:53am UTC](https://forum.rosen.com/t/hypothetical-question/2109/2 "2005-05-17T11:53:46Z")
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). Thanks.