Who should get the house and who should pay?

Dear Parisienne640:

Greetings. You need to speak with an attorney to see if you are entitled to alimony. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 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.

Is it fair to assume that just because your spouse cheated on you doesn’t automatically qualify you for alimony. Therefore is it again fair to say that alimony is only granted to the offended spouse if he or she qualifies or proves to be a dependent spouse?


My husband works for the local police department. He had been cheating on me for some time, but has recently finally admitted to it. We have 3 children together. I have a daughter, he has a son and we have a son together, but they all live with us. Since finding out about the affair, he’s been staying out at least 5 nights a week and then coming home just whenever he feels like it. I called the police department and asked if I could change the locks, they said yes, but that he still would have the right to come and go as he pleases. I told my husband that I wanted to keep the house. He knows that I would not be able to afford all of the bills alone. He’s telling me that me and the kids should leave (my two) and he and the older son should stay in the home since he can afford to pay the bills alone. Could he be made to continue paying the mortgage since he is the one cheating and he’s already staying out 5-6 nights a week?