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 Read More
“What do you mean my spouse has to sign?” Carol C. Beasley, NCCP.
One of the most frequently asked questions we have encountered in real estate law is, “Why does my spouse have to sign?” The answer to that question is, because North Carolina recognizes the existence of marital rights in real property. Many couples today choose to keep their individual property separate, especially property owned before marriage. But in North Carolina, real property spousal rights are written Read More
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