Should I leave the house we own together?

We always recommend an initial consultation with an attorney before deciding to leave the home. The issues involved with deciding to leave can be quite complex and it is best to make that decision while sitting down with an attorney who can review all of the facts of your case.

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

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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.

Things have be more than ‘bumpy’ with my wife and myself over the last couple months b/c her carreer has taken her out of town almost every week and many weekends. I have been taking care of my step-son when she is gone. Her trips have increased,…she goes out with people I don’t know,…and extends her trips frequently. Essentially we have spent less and less time around us and has emotionally pushed away. We have had discussions,…and I have sought emotional councelling (and invited her to join me), but she has done nothing. It finally came to a head and she indicated that she had ‘fallen out of love with me’. As such,…she doesn’t feel she can fix herself with me around. I’ve tried everything to fix this, but I may have no other option than the separation she has suggested. We own a house together, and each of would like to stay in the house, but there is the question of whether it is better for her to stay with her son, or me to stay because she wants to separate. I don’t know how to start the process (plus I don’t really want to), but I do feel like I need some time to get away from the stress that envelopes our household. If I were to go stay with a friend for a week or two to clear my head and address this without the emotional baggage,…am I in danger of hurting myself legally? Is this considered abandonedment? Am I hurting any possibility of owning the home by myself if we separate and potentially divorce? She makes more money than me,…but I don’t really want any cash,…I just want to maintain my home as best I can with or without her (preferrably with her).