I commend you for trying to make things work. I’m sorry it didn’t.
From what I understand, I don’t think you can make her leave if she is your wife unless there was some domestic issue (violence, adultry…) that would justify divorce from bed and board.
If it’s your house bought before the marriage, then I BELIEVE it’s yours and not considered marital property. The last resort thing to do would be to sell the house IF THE HOUSE IS ACTUALLY YOURS BY LAW (I’m not sure on this issue). Of course, there are kids involved so that is something to consider. It would be hard to do that and possible leave them out.
It sounds like a bad situation. I don’t know what to suggest that wouldn’t sound too harsh. Maybe someone else has some suggestions or advice???
These are the definitions under the General Statute 50-20:
"(1) “Marital property” means all real and personal property acquired by either spouse or both spouses during the course of the marriage and before the date of the separation of the parties, and presently owned, except property determined to be separate property or divisible property in accordance with subdivision (2) or (4) of this subsection. Marital property includes all vested and nonvested pension, retirement, and other deferred compensation rights, and vested and nonvested military pensions eligible under the federal Uniformed Services Former Spouses’ Protection Act. It is presumed that all property acquired after the date of marriage and before the date of separation is marital property except property which is separate property under subdivision (2) of this subsection. This presumption may be rebutted by the greater weight of the evidence.
(2) "Separate property" means all real and personal property acquired by a spouse before marriage or acquired by a spouse by bequest, devise, descent, or gift during the course of the marriage. However, property acquired by gift from the other spouse during the course of the marriage shall be considered separate property only if such an intention is stated in the conveyance. Property acquired in exchange for separate property shall remain separate property regardless of whether the title is in the name of the husband or wife or both and shall not be considered to be marital property unless a contrary intention is expressly stated in the conveyance. The increase in value of separate property and the income derived from separate property shall be considered separate property. All professional licenses and business licenses which would terminate on transfer shall be considered separate property."
In reading this, the house is yours providing that you never had her name added to the deed. I am not sure how you would go about removing her from your home. Filing for divorce from bed and board, you would have to: “establish at least one of the six fault grounds enumerated in the statute: abandonment, malicious turning out of doors, cruel or barbarous treatment, indignities, excessive use of alcohol or drugs rendering the condition of the other spouse intolerable, or adultery.”
I would suggest consulting with an attorney, get a separation agreement drawn up giving some sort of time frame that she must be out of the home…if that’s possible. Work out custody, child support, and equitable distribution leaving the home off the distribution list.
There are other issues besides who the house belongs to. If there are children in the picture, this may be a little more difficult. If you are going to force her out of the home, custody will need to be worked out prior, unless you have already agreed on joint custody with equal time.(Best scenario for the children) Especially, if your STBX has no where to live if she leaves.
Hopefully, an attorney will answer because I’m not really sure what your best course of action would be other than to consult an attorney about getting a separation agreement drawn up and working with her to sign it.
When I got married I owned my home and it was in my name only. When I divorced, he was awarded half of the rise in equity from the day we married until the day we separated so be prepared for that. That is equitable distribution in NC. My bf’s dad got divorced after 20 some years and lost his house even though it was only in his name the entire time and his wife didn’t work. I would recommend that you start talking with an attorney before you do anything rash.
Sounds like someone had a lawyer that didnt know the law as stated above ie seperate property is just that. thanks stepmother, she is still not talking which would help so I can figure out if she is leaving or not I have had a lot of advice from backyard lawyers but Im still holding out for some kind of agreeable compromise
Greetings. Either you move, she moves, or you file a claim for divorce from bed and board. Good luck.
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
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.
Me and my current wife were seperated in 96 divorced in 97 I went out and bought a house we were divorced for 7 years she asked me if there was any chance that we could get back together ? against the advice of friends and family (and I wanted to raise our two girls) I remarried her now 5 years later I have had enough and just want her out the house it is still in my name only as are all the bills she is telling me she is not leaving but I can not aford to move out because I pay all the bills she does not work (she is starting a minimum wage job tomarrow) I have had all I can take of her do I have to move out