Residence and alienation of affection


Dear rose:

Greetings. Yes, it sounds to me like you can sue her for alienation of affection and criminal conversation, as long as you have not waived third party claims in your separation agreement.

No, he should not be able to throw you out of the home. I do advise that you place the proceeds from the sale of your separate property in an account solely in your name though, since it sounds to me like your reconciliation will be short lived.

I would not pay for half of the bills. Save your funds for your own home…when you finally decide to leave and do what’s best for you. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax


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.


I moved out of home a year and half ago, we signed seperation agreement dividing our property and home.

Two months ago my husband agreed to a recocilation and I sold a home I had purchased and had lived in to move back into our home (which he now legally owns).

He told me three weeks after moving back with him that he was still in love with the woman he had been seeing, that she still contactS him (even though he had told her we were reconciling and I was moving back).

I have found condoms in his pockets, reciepts for gifts to her and she took him out to lunch for his birthday, he works late most nights (they work at the same institution) and does not answer phone calls from me.
He admits openly to me the above encounters.

Can I file either claim against her (his girlfriend)- Alienation of Affection or Criminal conversation?
Also, can he throw me out of the house?
He owns it, but we are married, I live in his home, have all my belongings in his home, can he have me removed?

He also has asked me to pay half of all utilities and half of his morgage ( I have given him money for groceries, helped pay his vet bills and use my own cell phone). Should I agree to pay half of all of his bills while I live here?
Thank you so much for this service, you are doing a commendable service for the people of North Carolina. Thank you