Wilson, NC asked in Divorce for North Carolina

Q: My brother and sister in law are divorcing bUT live in our childhood home. Can judge make my brother move?

Our Father owns it . They were both given permission to stay there with my 2 nephews . My father wrote them both a letter giving permission. My opinion is she should just leave on her own and not take advantage and start a fued.

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Amanda Bowden Johnson
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Answered

A: As your sister in law, she should be considered family and a family member being able to live in the marital residence is not 'taking advantage'. However, it mostly depends on the circumstances of the divorce. Because your father owns the property, it would be highly unlikely that a Judge would order your sister in law to be able to keep possession for any great length of time. On the other hand, if the divorce is due to some marital misconduct on your brothers part and your sister in law is a dependent spouse, it would be unfair to expect her to move without significant financial support in the from of alimony from your brother.

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