Q: I want a divorce and my husband refuses to leave the house. I have the mortgage in my name he is on the deed, help in NC
He has been emotionally abusive, saying negative stuff about me to our 22 year old daughter. He has been sleeping on the couch for years I keep asking him to please move I am miserable living with him. I have paid the mortgage by myself for over 11 years, he has only paid half of the mortgage payment maybe 3 or 4 times we have been in the house for 12 years. I desperately want a divorce in NC but he won’t leave, I don’t want to abandon the house and mess up my credit but someone needs to go.
A: Assuming you want to limit things to your legal options, your best bet is to simply shop around and consult with a local family law attorney regarding the possibility of filing a Divorce From Bed and Board. This is a way to essentially have the court force him to move out whether he likes it or not so that your separation period can begin. You can also potentially address any other marital issues as well such as who gets what leaving pretty much the divorce itself as the only thing left to do once the one year separation period is over. Best of luck.
A: Either you need to file for Divorce from Bed and Board, or you'll need to leave, to start the separation period. If you leave, you could file a Motion for an Interim Distribution, and ask the Court to distribute the house to you, until everything can be worked out. Neither choice is easy, but if you want out of the marriage, that's what you'll need to do.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
