I live in Wake county. Ex-spouse is refusing to move out of the house that is entirely distributed to me after the Equitable Distribution Order settlement. Based on the court “order”, the property deed is transferred to me. Based on the same court order, ex is is granted an another house. However ex is refusing to leave the property that is granted to me. Ex is technically trespassing my property now. What is the best way to move ex out?
Also, is it legal for me to change the lock if ex is out for shopping?
I am paying for all utilities bills. Is it legal for me to cut utilities to the property? Hoping that will force ex out. Please advice.
Background: Ex-spouse is living in the house (granted to me now and refusing to leave) since 2009. On Date of Separation Sep 2018 I moved out of that house.
Assuming your separation agreement or court order explicitly provides that the house that your ex-spouse is currently in is distributed to you as your sole and separate property and the terms are final and binding, then you can change the locks and file either a breach of contract lawsuit or a contempt motion.
If the terms are in a separation agreement, the separation agreement is final and binding if both parties have signed it and both signatures are notarized. For a separation agreement, you would file a breach of contract lawsuit.
If the terms are in a court order, the court order is final in binding if the judge has signed it and it has been file stamped at the clerk’s office. For a court order, you would file a contempt motion (called a motion for order to appear and show cause).
It is better to change the locks and/or file a lawsuit/motion rather than turn off all utilities, however, if the above assumptions are true, then it would be fine to turn off the utilities.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.