Who must move?

Unless he can show one of the fault reasons he can not force you to leave the home. You are entitled to 1/2 the marital assets including the equity in the home unless it was purchased prior to your marriage. It also includes 1/2 the bank accounts, savings, retirement.
If he makes more money then you may be able to request alimony.
If he is saying that you are going to be served with papers, then it sounds as though he’s planning to file for Divorce from Bed & Board. This is a terribly difficult thing to use to get a spouse to leave the home and from what I have read it takes quite a while…
I would suggest that you consult an attorney, consults are not normally very much, and see where you stand. If your spouse gives you a separation agreement, I do not suggest you sign it until you speak with an attorney.

He cannot force you to move without fault reasons! Even if he “serves” you with papers, you do NOT have to leave the residence. Only a judge can order a spouse out of the house! Divorce from Bed and Board is tough, but that is the only way I got my ex-husband out of the house. There was no way the judge could ignore the ex’s admittance of adultery at that time! So, unless he has hard and fast evidence of some “fault”, you cannot be ordered from your home! SIGN NOTHING! I repeat. SIGN NOTHING!

He cannot serve you with papers that force you to move unless he gets a domestic violence protective order or obtains a divorce from bed and board. You may want to consult with an attorney as soon as possible to find out what your rights are regarding child support and alimony.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

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301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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Durham, NC 27713
Phone: (919) 321-0780


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My husband wants a divorce, but neither of us wants to leave the house. He makes a good income, and I do not. He has made the majority of the house payments since we were married 4 years ago. He says I am going to be served with papers to move. I have 2 children from previous marriage and can not afford to support myself.