# My husband is kicking me out **URL:** \ **Category:** Divorce and Separation Answers\ **Created:** [October 27, 2008, 12:40pm UTC](https://forum.rosen.com/t/my-husband-is-kicking-me-out/6672 "2008-10-27T12:40:18Z")\ **Posts on this page:** 5\ **Page:** 1
**Author:** ![stepmother](https://avatars.discourse-cdn.com/v4/letter/s/90ced4/32.png) [@stepmother](https://forum.rosen.com/u/stepmother)\ **Post date:** [October 27, 2008, 12:40pm UTC](https://forum.rosen.com/t/my-husband-is-kicking-me-out/6672/1 "2008-10-27T12:40:18Z")
He can not force you to leave unless there is evidence of abuse or he files for Divorce from Bed & Board. Either way you are entitled to 1/2 the property and/or assets. I’m not certain how alimony would work given the length of the marriage. I suggest that you consult an attorney, normally consults are not that much, and see where you stand. Maybe you should suggest that a separation agreement be drawn up to buy you some time. I can understand that you may not want to stay in his home if you are planning to leave, but even evictions get 30 days. See if he will agree to help you get established in another residence so that you will be able to move. Do you have a friend or relative that can help you until you can find a place of your own? ---
**Author:** ![athos](https://avatars.discourse-cdn.com/v4/letter/a/f1d935/32.png) [@athos](https://forum.rosen.com/u/athos)\ **Post date:** [October 27, 2008, 1:39pm UTC](https://forum.rosen.com/t/my-husband-is-kicking-me-out/6672/2 "2008-10-27T13:39:35Z")
If the house was his prior to the marriage and she was never put on the deed, she may not be entitled to 1/2 the house…only 1/2 of the marital property acquired after the marriage or given to the couple as a gift. (Is the house a gift?) 1/2 the value of any increase in value probably, but not the house itself. As far as staying in the home goes, yes, even evictions get 30 days. ---
**Author:** ![stepmother](https://avatars.discourse-cdn.com/v4/letter/s/90ced4/32.png) [@stepmother](https://forum.rosen.com/u/stepmother)\ **Post date:** [October 27, 2008, 2:07pm UTC](https://forum.rosen.com/t/my-husband-is-kicking-me-out/6672/3 "2008-10-27T14:07:48Z")
Athos is correct and I apologize for not specifying. The car and other furniture is the marital property that you would be entitled to half of. If you sold your car so that you only had the car in his name, then you essentially contributed to the marriage with the money from the sale as he did with his car. The same would be true with any other assets sold off. The use of his vehicle during the marriage means that his car was “given” to the marriage. ---
**Author:** ![Helena\_Nevicosi](https://avatars.discourse-cdn.com/v4/letter/h/db5fbb/32.png) [@Helena\_Nevicosi](https://forum.rosen.com/u/Helena_Nevicosi)\ **Post date:** [October 29, 2008, 9:05pm UTC](https://forum.rosen.com/t/my-husband-is-kicking-me-out/6672/4 "2008-10-29T21:05:00Z")
No, he cannot put you out on the street without a court order. 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 [radio.rosen.com](http://radio.rosen.com) 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 Charlotte Office 301 McCullough Drive Suite 510 Charlotte, NC 28262 Main Phone: (704)307.4600 Main Fax: (704) 9343.0044 Sutton Station 5826 Fayetteville Rd. Suite 205 Durham, NC 27713 Phone: (919) 321-0780 > **[North Carolina Divorce Law - Legal Answers and Info](https://www.rosen.com/)** > > The best resource for divorce in NC. Find accurate, legal, family law advice from attorneys practicing in Raleigh, Durham, Cary, and Chapel Hill. 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. ---
**Author:** ![Joy](https://avatars.discourse-cdn.com/v4/letter/j/b77776/32.png) [@Joy](https://forum.rosen.com/u/Joy)\ **Post date:** [October 27, 2008, 12:21pm UTC](https://forum.rosen.com/t/my-husband-is-kicking-me-out/6672/5 "2008-10-27T12:21:04Z")
We have been married a little over a year. I wasn