STBX won't move out of house


#1

I have a friend who is splitting from his wife. She is the one who wants the separation/divorce, has moved almost EVERYTHING out of the house, yet still continues to live there. She has not YET filed the initial separation papers for whatever reason?? This has been going on since January.

Is there anyway my friend could file for Bed & Board (or something similiar) since she is making life hard on him (and their minor kids) because they are having to live in an environment where there is hardly any furniture/dishes, etc left in the house?

Are there reasons why she could be “stalling” before having him served with the paperwork? He is anxious for her to get out. The older son wants her out too but he doesn’t want to have to evict his own mom.

Any suggestions?


#2

Forgot to add that the home they are living in belongs to their OLDEST (adult) son. If my friend SHOULD move out first, can she legally get posssession of the house, with it belonging to their son?? Woudl he have to wait till ED to get it back?


#3

No, the house is not martial property, and the son may (and likely at this point should) evict her.


#4

Erin,
If the son evicts her, will that start the separation date…or will the papers have to be served first?

I’ve read where a couple is considered “legally separated” in NC when they begin to live separate & apart with no intentions of getting back together. Is this right? And would it fit the situation in this case?

My friend is wanting to be legally attached from her as soon as possible.


#5

There is no “legal separation status” in NC, it is the mere act of living separate and apart with at least one of them having the intention to remain separate and apart permanently.