A month ago my wife decided she does not want to be married to me anymore and wanted me to move out. She said that we would re-evaluate down the road. In a “go-along-to-get-along” effort to maintain the possibility of us working things out I did move out to an extremely non-permanent residence. She told me to go or she would leave with our four children (ages, 5,4,2 and 1). She now has a woman, recently divorced with a 9-year-old daughter, a woman she works with, moving into my house this weekend and again said that if I try to move back in that she would leave and take the children. I say my house because it is only in my name, I am the only person on the mortgage note. Can I prevent this woman from moving into the house? Can she, my wife, really take our kids from the house? What can I do about the fact that her parents are coming in from out of state and the possibility of her going back home with them, out of state, is real? Any and all help is greatly appreciated. Thank you for your time and consideration in this matter
Even though the home is in your name it is still the martial residence and your wife has the right to live there pending a distribution of property. I’m not sure a judge would anything do regarding the roommate and her parents. So long as they do not present any danger to the children or the property.
You can file a claim for equitable distribution and ask that the court grant you possession of the residence, however a judge may deny such a motion since your wife and 4 children apparently have no where else to go.
Your wife can, if she chooses, move out of the house with the children. She must let you know where she will be living, and you have every right to spend time with your children, just as she does. If your wife leaves the state with the children with the intention to reside elsewhere you will need to file an action seeking emergency custody to get the courts to order her to return the children to NC.