Need some advice please


#1

If its marital property you have as much right to live there as well as him, Don’t willingly leave (thats abandonment)


#2

Thank you so much for the reply.
It seems like bad things happen to good people all the time.
I have no choice but to remain here in the home.
But what has me so worried he did moved out on his own,and is now stating his lawyer told him about some law that he could have us removed from the home.


#3

I forgot to add to your reply… The home is in his name only.
But we have lived in the home from day one.
We picked the home out together.
We lived together before marriage and after we got married He never had my name added to the loan.
But again he did leave on his on free will.


#4

Perhaps you should read this…
Go to the Home page on this site, then Tools & Resources then Laws then in the drop down box select Domestic Violence. On the next page click on 14-134.3 Domestic Criminal Trespass.

You need to see an attorney about this. By the way, you can sue him for your attorney fees if you go to court. I don’t know if the court’s award this often but you can file for it.

I think the key questions are;

  1. Did he buy the home BEFORE you were married?
    It is my understanding things purchased before marriage are separate property.
  2. Did he leave the home on his own free will stating he was not coming back? If so, you may be able to lock him out but see #3.
  3. What is defined as the “lawful occupant”?
    If you could be defined as the “lawful occupant” then maybe if he tried to come back or have you thrown out you could get him for Domestic Criminal Trespass.

Having said all this, do whatever you can to try and settle this without going to court. It will be better in the long run for everyone involved. Trust me, I have been there and if you think life is tough now wait until you start going through the courts.


#5

Dear Dazed:

Greetings. Sorry, but it looks like all the other posts moved you down on the list for getting an answer. If he files an action to have you removed from the house, you can file an action for equitable distribution. Even though the house is technically separate property, it does have some marital value for the mortgage payments that he made during the marriage.

Contact child support enforcement if you need child support. Also, you may want to make a demand for alimony from him, since he clearly is the support spouse. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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 but a full discussion with an attorney should be undertaken before taking any action.


#6

I did mange to speak with an attorney or lets say I was suppose to speak with a attorney but got his paralegal.

Since the marriage is so young only 3 years it looks pretty grime for us.
My daughter is not his…
I had her before our marriage.
For now my STBX is helping out.

When I can get up the cash, going to go hire a attorney…
One that will fight for me at least.
Being he was the one that walked out with me the only one trying to hold on and save the marriage.
I hope something can be done.


#7

Janet please forgive my bad manners.
I forgot to thank you for replying to my post.
So thanks Janet[:D]


#8

Janet good to have you back.[:)]
I have been reading the forum for a while and now have the courage to ask my question.
My husband moved out of our martial home which he owned before the marriage.
I have very good reason to suspect an affair but no real proof.
But lets just say to many lies and secrets he was caught up in.
He said he went to a attorney and the attorney told him he could have me removed from the home.
I have been a faithful and good wife.
The problem is I have a child no family to go to nor the money to get out right now.
I am working on that very hard.
Can he have us removed from the home?
We both moved in the home at the same time.
I will go seek a lawyer as soon as I can afford to.
I was a homemaker during the marriage and have just now finally found a job.
I am so scared and worried were going to end up in the street and for no good reason.
Please help someone.
I live in NC.