Marital residence


#1

Livingsimple,

Generally, a spouse cannot make another spouse leave without some type of court order. In your case, there are probably some grounds for your husband to have to ordered to leave the home since you are not listed as a title owner. However, you should probably stay in the house until a judge tells you you have to leave.

Best wishes!

Shonnese D. Stanback
Attorney
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 main fax
NCdivorce.com
email: sstanback@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

Can one spouse make another spouse leave when there are not any legal grounds for it? If my husband just did not ‘want’ to be married to me any more and he did not have any legal or moral reasons for this, could he make me leave if I did not want to leave? He bought the house before we were married and it is in his name, but we have lived in it together since we were married. What if I don’t want a divorce and I don’t want to leave? Do I have to just because the house is in his name? I would be left without a place to live. Also, I have a child who would have to leave with me who would also be without a home because it is not his child.