The home is your separate property, however you are correct that the only means you have to force her to leave is to file an action for divorce from bed and board. However, you must have grounds for a divorce from bed and board, the fact that the home is your separate property is not sufficient.
If there have been mortgage payments made during the marriage which decreased the balance on the mortgage, then those payments would be considered a marital asset.
If you move out you are not waiving any of your rights to the home. If you move out you can file an action for equitable distribution and then file a motion for return of separate property. In that motion you can ask that the home and any furniture items that you owned before marriage be awarded to you.
If you are worried she will sell your separate property you can seek a restraining order to prevent her from doing so.
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
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
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