What right do I have to my home?


#1

My husband and I seperated. His name is on the mortgage but I believe that both of our names our on the deed. He refuses to leave the home and I have no where else to go. I am taking care of myself and my son from a hotel-I can’t afford to do this much longer. What right do I have to my home and how can I make him leave?
We left because he was having an affair-should I get the police involved and have them force him to leave? Also, are erotic massages illegal in NC? THank you!!


#2

The only way you can force your husband to leave the home is to file for Divorce from Bed and Board using the affair as the reason. You’ll have to have proof of the affair. The police can’t make him leave either.

The text messages are not illegal, but may help prove the case of adultry.


#3

You cannot force your husband out of the residence at this time. Since you have left you do not have the right to return absent a court order.
You should meet with an attorney to file an action for Equitable Distribution, Child Custody, Child Support, Post Separation Support and Alimony (if applicable). You may also include a motion for an interim distribution of property in the Complaint in order to ask the court to award you possession of the residence.


#4

Thank you for the replies. Can you tell me if erotic massages from an escort service constitute as adultery or cheating? If bed and board is ordered will I be the one responsible for the mortgage even though he was at fault?

Can’t the police escort you to your home to gather your belongings? Dont I have the right to my personal items?


#5

The message from the erotic service can be used as evidence leading to the inference that your spouse has committed adultery.
If you file an action for divorce from bed an board the court may order your husband to pay support (contribute to the mortgage).
Once you have left the home you will need a court order to return to collect your personal items, unless your spouse agrees to allow you access to the home.


#6

[quote=“Erin Clarey”]The message from the erotic service can be used as evidence leading to the inference that your spouse has committed adultery.
If you file an action for divorce from bed an board the court may order your husband to pay support (contribute to the mortgage).
Once you have left the home you will need a court order to return to collect your personal items, unless your spouse agrees to allow you access to the home.[/quote]

we don’t have a seperation agreement notarized or in place yet- so I still can’t return to my home? Is that because I am not on the mortgage?


#7

If you leave the home and take up residence somewhere else…with or without a separation agreement…it is inferred that you are separating and not returning. SO you don’t have rights to access to the home without the permission of your husband. He can legally change the locks and refuse you access to the home.

It doesn’t make any difference if you’re on the mortgage or deed or not.