If I’m getting a divorce and owned my house before my spouse moved in and now she refuses to leave, what are my legal options to get her out of my house?

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If I’m getting a divorce and owned my house before my spouse moved in and now she refuses to leave, what are my legal options to get her out of my house?

Asked on July 13, 2015 under Family Law, North Carolina

Answers:

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

Answered 6 years ago | Contributor

Regardless of whose name is on the deed, until a divorce is finalized, the house remains the "marital residence". This means that both parties have a right to occupy it. In some limited circumstances, the party seeking to live in the residence can file for a writ of possession to obtain sole possession, ; however courts are reluctant to issue them. Also, if one of the parties has put the other in fear for their safety, the can get an emergency order of protection; this will also give them the right to exclusive possession.

For further information pursuant to specific state law, you can consult dierectly with a divorce attorney in your area.


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