Legal Question in Family Law in North Carolina

I am married for the second time. My first husband passed away suddenly 8 years ago. The house that we live in is in his name because he didn't have a will when he died and we had minor children so it cannot be changed to my name until the youngest is 18. My current marriage is bad due to my husband's substance abuse. I've asked him many times to leave and he won't. He isn't working and says that he doesn't have to leave because the house is part his too. What should I do to make him leave?

Asked on 10/12/17, 7:55 am

1 Answer from Attorneys

Amanda Houser The Houser Law Firm, P.C.

If you are limiting yourself to just your legal options, you should consult with a local family law attorney about filing for a divorce from bed and board - which is a way to get the Court to force him out. Based on your description, he has no ownership interest in the house - so when he says the house is part his, he's is stupidly wrong but he likely does have some very small minor marital interest in it. Do not worry about him getting the house or even being able to cause you any significant legal issues over it, again based on your description that will never happen.

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Answered on 10/12/17, 8:17 am

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