Who lives in the house?


#1

The house and the land are both marital property. The only way to force a spouse to move out of a marital residence is to file a lawsuit for Divorce from Bed and Board and obtain a court order. However, you must prove to the court that your husband has committed adultery; has a drug or alcohol addiction; or has physically or mentally abused you and/or your children.

As far as financial support, depending on your agreement regarding custody of your children, your husband may have to pay child support payments to you. The amount of these payments would generally be determined by the NC Child Support Guidelines. You can get an idea of the amount of child support payments by using the child support calculator on the Rosen Law Firm website (www.rosen.com).

It is also possible that a judge would order your spouse to pay alimony payments to you in some amount for some period of time. This would depend upon the facts of your specific case, including your education level, work experience, you and your spouse’s relative earning potential and whether either of you have committed acts of marital misconduct, such as adultery. There are no specific guidelines that specify the amount of alimony or the length of time that it must be paid.

Robin F. Verhoeven
Attorney at Law
Rosen Law Firm
4101 Lake Boone Trail, Suite 200
Raleigh, North Carolina 27607
NCdivorce.com
(919)787-6668

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.


#2

We’ve been married nine years, and have two young children. My parents gave us one acre of land as a gift in lieu of inheritance when they pass away. Both of our names are on the deed for the land. Two years ago, we began paying on a doublewide home and put it on the land. This is in my husband’s name only. I now want a separation. I wish to remain in my home with my children, and for my husband to move out. He will not. He tells me if I want a separation, then I must be the one to leave. He is the main breadwinner, I work part-time during the school year as a substitute teacher. I don’t have any money; I cannot support the children and myself if I have to move out, put down a rental deposit, pay first month’s rent, utility deposits, etc. I want to remain in the family home with my children, and him move out. I would need him to help me financially until I retained a better, full-time job, or while I went back to school. Do I have any rights at all in this arena?