Separation Agreement/Eviction Question


#1

[color=#4000BF]My ex and I signed a Separation Agreement which gave me sole possession of our home which we purchased together while married, however due to a job loss I foolishly allowed him to reenter the home on a temporary basis, with an understanding that this was not a reconciliation. Our Separation Agreement states that if one party chooses at any time not to enforce a part of the Agreement, that the Agreement still stands. He has not contributed to the mortgage or any other household bills since we had originally separated, or since he has returned and our now divorced.

How do I now get him out of the home again if he is dragging his feet?

If I have to resort to some type of eviction notice, how do I go about that, and is that an option? I would prefer this to be non-confrontational, but I feel that I am being taken advantage of.

Any advice would be greatly appreciated. Thanks so much![/color]


#2

If the agreement states that you have the sole right to possession of the home you may file an action for breach of contract to get him to leave. Eviction is also an option since the two of your are divorced now.


#3

[color=#0000BF]Erin,
Can I obtain a form to file an action of breach of contract from the file room at the Mecklenburg County Courthouse?

What is the time frame/waiting period and approximate cost for such an action, and is it required prior to pursuing eviction?

Also, would I contact the Mecklenburg County Sheriff’s office to proceed with eviction or the courthouse directly?

Thank you so much for your help![/color]


#4

There is no form per se, you need to file a Complaint alleging the facts regarding the breach and include a prayer for relief to initiate suit.

I cannot speak to the laws regarding eviction as I do not practice in the area of landlord/tenant law.