Marital Residence

Yes, he still has rights. Moving out does not mean that he waived his rights to the home. I am sorry you are going through this.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

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Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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Durham, NC 27713
Phone: (919) 321-0780


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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

This does not mean however that he can come and go freely. If he moved from the marital home then he is no longer living there. You have the rights to change the locks and to inform him (in writing) that he is not allowed to come to the home unless you invite him or with your permission. I suggest that you seek an attorney and get a separation agreement in the works.
He is still entitled to 1/2 the marital assets and that includes the equity in the home, but with the affair and him leaving you do have some leverage. You may be entitled to an unequal division of assets or alimony. Being entitled to 1/2 the equity does not mean that this is still his home. Please consult an attorney.

My husband of 7 yrs has been having an affair for the last 3 yrs. He moved out of our home and is now living with his mistress and said he has no intention of trying to save our marriage. Did he give up any rights he may have had when he abandoned his home? He keeps saying that our home is still just as much his as it is mine until we are divorced. I just want to know if he still has any rights?