Marital Residence

If this is NC you are not legally separated until one of you move out, therefore, you can not file for absolute divorce until living separate and apart for 1 year and 1 day. You can file for divorce from bed & board and in which you could ask the judge that he leave the residence due to him making your life burdensome, that would be the only possibility to forcing him to move out.

Dear shemoli:

Greetings. I doubt that you can get him to move, unless you are both living together and he has committed marital fault. 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


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.

I realize I probably cannot get him to leave the marital residence before the divorce, thank you for confirming that. BUT is there anyway the divorce papers can state that he is to move out at the time of signing the divorce decree yet still be financially responsible for the financial upkeep of the residence until such time as it is sold?

Thank you so much for your help with this matter. IT is very difficult when your children as their father to leave and yet he insists on staying…

I am in the middle of a Divorce thru a divorce center. Can I get my husband to leave our joint marital residence until such time as the residence is sold. All my siblings live out of state. I no longer have any other living relatives. He has relatives that live 1hr away and both have a 1bd/1bth accomidations with seperate entrance that he could stay until such time as the house it sold. What can I do to get him to leave for the sake of our children… He is verbally abusive and is makeing cohabitation impossible so much so my children are asking when the divorce will be final so that he will move out.