Can I evict my husband and girlfriend out of our house

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Can I evict my husband and girlfriend out of our house

My husband an I are separated due to my
being forced out of my home about 2
months later she moved in. Now she is
trying to move her family in. He has
asked her to leave, she tells him she
isn’t going any where. I stay with my
son I can’t afford to get place to stay,
I’m disabled, is there anything I can
do?

Asked on November 21, 2017 under Family Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You may not evict her if he allows her to stay there: you and he both have equal rights to the marital home, and while you can both stay there (e.g. you can move back in), you cannot evict a "guest" he allows to stay there (and he could not evict your guest, if you allowed someone to stay): each having rights to live there, you each have the right to let other people stay there, too.
You similarly cannot him: he again has the right to be in the marital home.
You and he together could remove her and her family: guests cannot remain when the owners of property (or persons who otherwise have the legal right to possession of the property) tell them to leave. If they did not leave on demand, you could have them removed by the courts by what is commonly called an action "for ejectment" (eviction for non-rent-paying tenants), though your state may have a different name for it. But you need his cooperation for this.
So you can't make him and the girlfriend move out against his will, but he and you together could remove her and her family.


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