I’m really sorry to hear about your situation. I always advise people to try to work out a settlement out of court, to avoid the additional costs of litigation. If you can get him to negotiate in good faith, then you should be able to settle all of these issues in a separation agreement. You can negotiate the return of some of the property, or some type of monetary reimbursement for your interest in the property. However, if you cannot reach a settlement (or you don’t think that’s possible), you can certainly pursue the action in court by filing an action for equitable distribution of the property, alimony, and post separation support.
You should send him a letter telling him he is not allowed on the property anymore without your permission, and if he does enter the property, it would be domestic criminal trespass. If he comes by the house, you should contact police and show them the letter you sent to him. You should also change out your garage door opener, or see if you can have the remote reprogrammed so that he cannot enter through that door.
Contact a lawyer in your area to talk about the details of your case, and whether settlement is your best option, or if you should go straight to court.
Shonnese D. Stanback
The Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
919.256.1534 direct voice
919.256.1667 direct fax
919.787.6668 main voice
919.787.6361 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.