Q: Can I move back into jointly owned by right of survivorship house?
Legally separated 2 years, have filed for divorce, have not divided marital property. Want to move back into house until we can sell the property and divide our assets. Other Spouse is not willing to share the space or assist in other housing for me. Legally can I move back in without him
having me arrested for trespassing on my own property?
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- North Carolina
- (910) 333-9679
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A: There is no such thing as legally separated - in NC one is either simply separated or they are not. If you are not living in the same residence and at least one of you has the intention not to resume the marital relationship - you are as legally separated as you ever will be. So while trespass may be a concern it isn't the big issue - if you move back in, you are no longer separated (legally or otherwise) and your divorce will likely be dismissed. BTW if your, divorce goes through and you have not addressed property division you are going to lose the right to have the Court divide it later. This is why you shouldn't do your own legal work.
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