North Carolina  |  Family Law

Legal Question

Asked on: 9/11/13, 5:50 am

My husband left me but wants the house and for me to move out, what are my rights?

1 Answer

Answered on: 9/11/13, 11:13 am by Rachel Hunter

It depends. When was the house acquired? Whose name is on the title? Do you have any minor children? How long were you married? Will you be entitled to any post-separation spousal support or alimony?

I would do nothing until you have spoken to a family law attorney. You cannot be divorced until you and your husband have lived separate and apart for a period of one year or more.

Your leaving the house is up to you but it depends on when the house was acquired and whose name is on the deed. If the house was acquired before marriage by your husband and only his name is on the deed, its his house. Any passive increase in value might be divisible property though. If you bought the house after marriage or if he bought the house before marriage but added your name to the deed the house is partially yours and can be distributed in equitable distribution. Your husband might still end up with the house but he would have to buy out your share or pay you money. Your equitable distribution rights will be lost if they are not asserted prior to entry of the divorce decree. That is why I would suggest you go and get help now from a family attorney.

Depending on your circumstances, you and your spouse can enter into a marital settlement agreement. If the agreement is properly drafted, you can each go your own way and live life as if you were single. The agreement can fairly divide any marital property, provide for any support/alimony, and the support and custody of any minor children.

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