Powhatan, VA asked in Divorce, Family Law, Real Estate Law and Civil Rights for North Carolina

Q: Can I move back to the marital home if my spouse moves out after he was granted possession with a DVPO?

He'll tell the real estate agent he is moving out. If he is gone for 30 days and I'm there, I have a right to privacy. He wants to move in with the other woman to sell the house. He was granted possession. The home is jointly owned by myself and him. I can cancel the sale before the 45 day window for the attorney.

1 Lawyer Answer
Ben Corcoran
Ben Corcoran
  • Yadkinville, NC
  • Licensed in North Carolina

A: I am answering these questions as if the house is in NC, I am not sure given that your address is listed in VA, if the house is in VA then my answers may be wrong.

If he was granted possession then no you cannot move back in without something terminating his exclusive possession.

You can refuse to sell unless you have signed something binding you to the sale.

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