Can I make my spouse move out?

UPDATED: Oct 1, 2022

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Can I make my spouse move out?

I have been married for 6 years 2nd marriage. My first husband passed away 8 years ago. My house is still in his name because he did not have a Will and our children were under age 18 at the time. My current marriage is a very bad one, not to the point of abuse, but without going into too many details, it’s not good at all. I have asked him many times to leave and he won’t. He’s not working and seems like he can’t hold a job all due to issues he has. He claims that he doesn’t have to leave because it’s his house too, and that he has no where to go. What would I need to do to get him out. We have no children together and everything is in my name.

Asked on October 12, 2017 under Family Law, North Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Until there is a formal separation agreement in effect or a final decree of divorce has been issued which states who has the exclusive possession of the house, it remains the "joint marital residence". This means that both you and your husband have the right to occupy it, no matter whose name that the deed is in. At this point, you need to consult directly with a divorce attoreny in your area. They can best advise you further.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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