Can I stay in my home during separation/divorce proceedings?

My husband and I currently live in our home NC but he is seeking to go
through with a legal separation/divorce. Both our names are on the deed. His
name only is on the mortgage note. Can I be forced out my home during the
separation/divorce process? I currently do not work, been a stay at home wife
for the past 5 years and have no place to go.

Asked on November 10, 2018 under Family Law, North Carolina


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

Answered 2 years ago | Contributor

In your state, a couple seeking to divorce must be separated for a year. So staying in the home could be problematic. You should consult directly with a local divorce attorney as they can best advise you. That having been said, unless there is a formal separation agreement or final decree of divorce in effect that states just which one of you is entitled to possession of the home, you both have equal rights to be there. The fact is that at this point, it remains the "joint marital residence". This is true no matter whose names are on the deed.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, you can not be forced out of your home.  You have as much as right to be there as he does.  I would, though, go and consult with an attorney as soon as you can regarding the next steps here.  In North Carolian a couple must be legally separated for a year in order to file for divorce.  And legally separated generally means separate residences.  So go and make sure that your rights are protected.  Good luck.

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