Very confusing marital home legal question. Help Please!


#1

Over a year ago my wife and I separated. I moved in with my brother and she stayed in the house. I have paid the payments 100% because she refuses to assist. 2 months ago without telling me she moved out to another town.I went there and no maintenance was ever done, there were broken water pipes, the roof and gutters were so full there were trees starting to grow in them, and the yard is overgrown. I have pictures of the condition of the place. Also she is a hoarder and I have pictures of that also. I contacted her and told her that I was fixing the issues and will be moving in and will move her belongings into a single room. She says I can’t until all her things are gone and I have no right to even touch them.
Do I have a legal right to move back in and move her things?


#2

Without a separation agreement or equitable distribution court order distributing the house to either spouse, then you can move back into the marital residence if your wife has relocated and the marital residence is marital property.

You can move her things to one room in the house, but you cannot damage, destroy, or dispose of any marital property or her things until there is a separation agreement or equitable distribution court order in place.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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