If the house is in my wife’s name and I’ve fallen on hard times, can she evict me?

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If the house is in my wife’s name and I’ve fallen on hard times, can she evict me?

She’s turned on me and wants me out. I was laid off 3 months ago and am having trouble finding work.

Asked on November 28, 2011 under Family Law, North Carolina

Answers:

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

Answered 10 years ago | Contributor

The fact is that no matter whose name is on the title to the house, the house is considered to be the "marital residence". Accordingly both parties have equal rights to possession. However, that can change when: a divorce decree is issued giving your wife sole possession; a legal separation agreement is executed and it gives her the exclusive use of the house; or a temporary order is issued (e.g. protective or stay away order) which calls for your removal from the premises.

Unfortunately, while you now have rights to occupy the house, at some future point you probably will not. Bottom line, you need to consult directly with a divorce attorney in your area. They can best explain your rights.


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