Deciding to separate or divorce is hard enough, but what if your spouse refuses to leave the marital home? Is your spouse making divorce difficult?
This is a common problem for many couples in NC, especially when emotions are high and living together becomes tense.
Here’s what you need to know about your rights, legal options, and practical steps you can take if your spouse won’t move out. Contact an expert divorce lawyer today.
Understanding Property Rights During Marriage
In North Carolina, both spouses have equal rights to live in the marital home during the marriage, even if only one spouse’s name is on the deed or lease.
This means that one spouse generally cannot force the other to move out without a court order or a voluntary agreement.
Because of this, you may need to take legal action if cohabitation becomes unsafe or unworkable.
If you are not sure how to proceed, remember to call an experienced local North Carolina lawyer who can fight for the best resolution.
Option 1: Negotiate an Agreement
The first step is to try to work out an agreement with your spouse. You might offer:
- A temporary schedule for who stays in the home
- Financial incentives, such as covering moving expenses or rent elsewhere
- Mediation with a neutral third party to find a solution
Negotiating may prevent unnecessary conflict and save you time and money.
Option 2: Seek a Court-Ordered Separation
If your spouse refuses to leave and negotiations fail, you may be able to petition the court for a divorce from bed and board — a legal process that can order a spouse to vacate the home.
Grounds for a court-ordered separation include:
- Abandonment
- Cruel treatment
- Excessive drug or alcohol use
- Adultery
- Malicious turning out of doors (locking you out)
If granted, this legal action can give you sole possession of the marital residence.
Option 3: File for a Protective Order (DVPO)
If domestic violence or threats are present, you can seek a Domestic Violence Protective Order (DVPO). A judge can order your spouse to:
- Move out of the home immediately
- Stay away from you and your children
- Avoid contacting you by phone, text, or in person
Protective orders can be temporary (10 days) or last up to a year, with the possibility of renewal.
Option 4: Prepare for Divorce and Equitable Distribution
Even if you remain in the same home, you can still begin the divorce process. In North Carolina, property will be divided through equitable distribution, which determines who will ultimately keep the house or whether it should be sold.
Your attorney can help you gather evidence, document contributions to the home, and position your case for a fair outcome.
Practical Tips for Living Together During Separation
If you must remain in the same home until legal action is taken, consider these tips:
- Set Boundaries: Agree on separate spaces and schedules to minimize conflict.
- Document Behavior: Keep a record of any threats, harassment, or damaging behavior.
- Stay Safe: If you fear for your safety, seek legal protection right away.
- Avoid Escalation: Remain calm and avoid confrontations that could harm your case.
Why You Need a Lawyer
Disputes over the marital home can quickly become stressful and legally complex. A skilled North Carolina family law attorney can:
- Explain your legal rights and options
- File the necessary motions for possession of the home
- Represent you in court hearings
- Help negotiate a fair property settlement
Early legal advice can prevent mistakes that could affect your housing rights and financial future.
Key Takeaways
- Both spouses generally have equal rights to stay in the home until a court says otherwise.
- You may seek a court-ordered separation or protective order to have a spouse removed.
- Documenting issues and getting legal advice early is crucial.
- Negotiating a voluntary move-out is often faster and less costly than litigation.
If your spouse refuses to leave the marital home, don’t face the situation alone. Our team at Martine Law can help you understand your legal options and fight for your right to a safe, stable living situation.