CAN YOU FORCE A SPOUSE TO LEAVE THE HOUSE IF YOU WANT TO SEPARATE?

In North Carolina, you cannot unilaterally force a spouse to leave the marital home, even if you own it solely, without a court order or a signed Separation Agreement. 

The reason for this is because both spouses have an equal right to remain in the home until a judge orders one spouse to move out or if there is a signed Separation Agreement in place, which requires the consent of both parties, and a spouse voluntarily agrees to vacate the home. 

However, there are a few legal options to remove a spouse from the marital home in North Carolina, with proper grounds, which are as follows:

• Domestic Violence Protective Order (DVPO): If there is fear for safety or evidence of abuse, a judge can grant a 10-day emergency order and up to one year of exclusion from the marital home under a DVPO.
• Divorce from Bed and Board (DBB): This is a court-ordered legal separation based on fault (e.g., abandonment, adultery, cruel treatment, indignities) that can result in one spouse being ordered to leave if the fault factors are proven in court.  In North Carolina, a divorce from bed and board does not dissolve your marriage or mean you are divorced, but it is a legal separation. This does not mean if you do not have a divorce from bed and board that you are not separated for the purpose of divorce, but it does force one spouse out of the home if granted.
• Separation Agreement: A mutually signed document that dictates who remains in the home, during the pendency of the separation and before the divorce is finalized. This document has to be signed by both spouses and notarized to be enforceable and binding. 
• Emergency Court Order: In urgent, non-violent situations, you can petition for exclusive possession of the marital home under certain statutory conditions. 

Please contact our family law attorney, Joy M. Chappell, for more information regarding your divorce and separation in North Carolina today.  

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Stott, Hollowell, Windham & Stancil

Stott, Hollowell, Windham & Stancil, PLLC offers legal knowledge and experience spanning decades to provide quality legal services to the greater Gaston and Charlotte regions focusing on family law, estate administration, real estate, civil litigation, guardianships, and estate planning.

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