What do i need to do to make a spouse move out

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What do i need to do to make a spouse move out

I have evidence of her talking with Ex Husband and have proof that she recently
spent the night at this home. What can i do to make her move ASAP

Asked on May 8, 2018 under Family Law, North Carolina

Answers:

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

Answered 3 years ago | Contributor

Unless and until a legal separation has been entered into (or a final decree of divorce has been granted) stating which spouse has the right to possess and occupy the premises, it remains that "joint marital residence". This is true no matter whose name is on the deed (or lease). It is also true whether or not one of the spouse's has committed adultry. The only exception is if one spouse put the other spouse (or another occupant) in fear of their physical safety; at that point a restraining order could be obtained which would prevent the offensding spouse from entering the home.

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

Answered 3 years ago | Contributor

Unless and until a legal separation has been entered into (or a final decree of divorce has been granted) stating which spouse has the right to possess and occupy the premises, it remains that "joint marital residence". This is true no matter whose name is on the deed (or lease). It is also true whether or not one of the spouse's has committed adultry. The only exception is if one spouse put the other spouse (or another occupant) in fear of their physical safety; at that point a restraining order could be obtained which would prevent the offensding spouse from entering the home.


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