Who is supposed to move out?


Dear Sandy1113:

Greetings. If your husband has committed an act of domestic violence, you can force him to leave through a domestic violence action. If your spouse has not committed domestic violence, but committed other acts of fault, you can file a claim for Divorce from Bed and Board and ask the court to remove him from the home. If neither of these apply, then you can hire an attorney to negotiate him from the home, which happens quite often. An attorney will make sure that you have the appropriate documents signed prior to anyone moving out.

As a last resort, and I do mean last, you can move out of the home to an apartment. Even if you choose to move out, it is best to have a Non-Abandonment Agreement signed first. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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.


I need some help. I want a legal separation from my husband, but he is refusing to move out of our house. I am the primary caregiver for our 3 minor children, and do not work outside of the home. My husband married to his career, works long hours, and also travels frequently with his job. Our children are involved in many activities, and are too young to be home alone while he is working, and all 3 of them want to be with me. It doesn’t seem fair that I may have to disrupt their lives by moving the 4 of us to an apartment because my husband is being stubborn and trying to prove a point. Is there any way I can make him leave? I want to get the ball rolling, and he is holding me back. Thank you!