My Husband wont move out of the home and neither will I. We both want a divorce but my husband says he wont give me a divorce until my son 18 finishes senior year and we sell the house… we are not speaking at this point. How can I get him out of the house
If your husband has committed any acts of domestic violence, you can file for a domestic violence protective order. If granted, it’s possible that he will be ordered to leave the home.
For detailed information on what qualifies as domestic violence and how the domestic violence process works in court, check out our article Domestic Violence and Staying Safe - The Details.
If there are certain fault grounds present, you can file a claim for divorce from bed and board which, if granted, could evict your husband from the house. Fault grounds include abandonment, adultery, excessive drug/alcohol use, etc.
Take a look at our article What is a Divorce from Bed and Board? for a full list and explanation of the eligible fault grounds on this claim.
If neither of the above apply in your situation, then your husband is within his right to not move out. The only way at that point to initiate a separation for divorce purposes is for you to move out.
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.
Thank you so much! I have decided to move out of my home. The mortgage is in my name husband on the deed. I want to ask him to buy me out or force him to sell if he can’t put the mortgage in his name. How do I do that? Do I need a lawyer to draft that up?
Thank you in advance
It is best to have a lawyer to draft these terms in a separation agreement. There is a lot to be taken into account when drafting provisions regarding a buyout, forced sell provision, and the conditions surrounding this.
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.