Removing Spouse from Home


#1

Yes there is. Stop making the payments and the bank will foreclose on the house and the sheriff will come and make him get out.

I know that is not what yo wanted to hear. Once you separate the property in your possession is yours until distributed via agreement or court order. Once you divorce generally speaking the property in your possession becomes yours except real property. Because you are both on the title it still belongs to both of you.

If you are separated then sue him for ED. He will have to buy you out or agree to sell the house and split the equity. If he has damaged the house then the cost of the damages can be imputed against his have of the equity.

Otherwise unlikely. Are you divorced?


#2

Sue him for ED. Get the house appraised in its current condition, then you will have to pay him less. When you are awarded the house, you - or the judge - can then evict him. Also, if any utilies are in your name, you can have them turned off. Good luck.


#3

Yes, you can file a lawsuit for equitable distribution and then file a motion for equitable distribution. When you file the motion you will ask the court to distribute the house to you and order that it be put on the market.

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 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

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 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.


#4

It sounds as though you are not divorced. It seems your first step would be to file for divorce as there can be no equitable distribution until an action for divorce has been filed.

Since he is an alcoholic, you can file for Divorce from Bed and Board. That will at least get him out of the house! I don’t think you want the bank to foreclose, do you? Sounds as though you want the house! Keep in mind that it takes a year and a day for a divorce! You might could get him to quit claim his share of the house over to you and then you could proceed to try to sell it or have it set out in a separation agreement prior to the finalization of the divorce itself. I think first step is to file for divorce!


#5

You can file a lawsuit for equitable distribution at any time after you separate, yodo not need to file for divorce first. If you representing yourself it is often a very bad idea to file for divorce before the property issues have been resolved by the court, if you do not properly preserve your claims for equitable distribution you will lose the right to sk the court to intervene and assist you in dividing your property.

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 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

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 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.


#6

I left my alcoholic husband almost 3 years ago. He is living in the house and I am making the payments. He has basically ruined the house so I would like to somehow get him out so I can clean it up and put it on the market. We are both on the deed. Is there anything I can do legally if he won’t budge?