Moving out

North Carolina Divorce Law Divorce and Separation Answers
1

I moved out of my house after a domestic violence incident in May. I saw an attorney prior to moving out and she filed whatever it was that protected me from being perceived as abandoning my home.

My husband remained in the house and we put it on the market. The house sold but the deal fell through at the last minute this week. Last week, my husband moved out of the house. There were no agreements signed about that. Our agreement had been that he was to pay mortgage/HEL during the time the house was on the market. On Tuesday, he sent my lawyer an email stating that he wanted to clarify that he would no longer pay the mortgage/HEL on our home. He had already defaulted on last month’s payment of HEL.

The day after that email my lawyer had me pay the mortgage and HEL. She also had me change the locks on the house. The house was mine when we married 5 years ago and he was never on the deed. We did do an addition on the home while we were married which was where the HEL came from. She has also advised me to move back in the house which I am going to do on Sunday.

Does my husband moving out and then putting in writing to my lawyer that he was not going to pay mortgage/HEL constitue abandoning the home? What rights does he have now on the property?

Thanks!

2

** I am not a lawyer- just speaking to what my own experiences and research have taught me **

If he moved out of the marital home, and you asserted physical possession by changing the locks, then you now have the sole right of physical possession (i.e. to come from and go to) of the home. He still may have a martial interest in any increase or decrease of value of the home during the time you were married, however. He cannot now come and move back in, however, without your permission.

If he is not on the deed, and your divorce is finallized before he files a motion for equitable distribution of the martial interest, then he loses the right to file in the future, and the home would then become the property of whomever was on the deed (i.e you).

3

I cannot offer legal advice to a party that is currently represented on the matters which you’re seeking advice on. I would advise you to consult with your attorney for clarification on any issues which you need help with, as that attorney has a fuller understanding of your particular facts and circumstances.