Legal Question in Family Law in North Carolina

Can my husband kick me out of our home?

Im married to my military soldier for 2 years and resided in the same household for 4 years. We recently had a domestic dispute which had him threated me with divorce and a 24 hour deadline to leave the house. Can he do that? I am in the deed however not on the mortage bill.


Asked on 2/04/09, 10:14 am

1 Answer from Attorneys

Mark Williams Rice Law, PLLC - Web Based & Downtown Office

Re: Can my husband kick me out of our home?

It is always nice to be on the deed and not on the mortgage bill.

If the domestic dispute is a domestic violence situation, you need to contact the local domestic violence shelter and seek help.

If the dispute is simply an unhappy disagreement, you are not legally required to leave the house unless the court orders you to do so (e.g., action for Divorce from Bed & Board or Domestic Violence Protective Order). However, you will not be able to litigate the issues of post separation support, alimony, equitable distribution (e.g., getting at least your half of the house if not more), child support, etc. until their is a legal separation.

I strongly suggest you consult with a NC Attorney. We offer an on-line 24/7 Virtual Law Office at www.RiceFamilyLaw.com

The NC Bar Association offers a referral service which will put you in contact with a NC attorney who will help you for only $30 for 30 minutes.

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Answered on 2/04/09, 5:44 pm


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