Charlotte, NC asked in Divorce and Family Law for North Carolina

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.

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2 Lawyer Answers
Amanda Bowden Houser
Amanda Bowden Houser
Answered
  • Jacksonville, NC
  • Licensed in North Carolina

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.

Angela L. Haas
Angela L. Haas
Answered
  • Raleigh, NC
  • Licensed in North Carolina

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.

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