What if wife files a grievance to make me leave house?

My wife wants a separation and wants me to move out. She said she would file a
grievance and make me move out if I didn’t do it. What happens if she files a
grievance and what are my options?

Asked on October 19, 2017 under Family Law, North Carolina


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

Answered 3 years ago | Contributor

I don't exactly know what you mean by "grievance". Anyway, the way this typically works is that unless there is a legal separation agreement or final decree of divorce in effect which stipulates who has the right to possession of the house, it remains the "joint marital residence". This means that you both have the legal right to occupy it, no matter whose name the deed (or lease) is in. The exception to this is if your wife obtains an order of protection which bars you from entry due to her being put in fear for her physical safety. At this point, you should consult directly with a divorce attorney in your area. They can best advise you further.

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