My husband is having an affair, can I make him leave for good?

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My husband is having an affair, can I make him leave for good?

He stays gone most of the time. Both of our names are on the house and he says I can’t make him leave.

Asked on March 20, 2012 under Family Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

He is right--as one of the owners of the house, he has as much right to possession (e.g. to enter  the home, live there, etc.) as you do. You can't make him leave while you are married and the two of you own the home together.

You should consult with a divorce or family law attorney: if he is gone most of the time and is having an affair--and you want to make him "leave for good"--it's time consider divorce. If you divorce him, you will presumably we entitled to a share of the marital assets (e.g. you might get the house; or it might be sold and the proceeds divided between you), spousal support, and child support (if applicable); you will be able to legally separate your lives and live in a home he has no right to enter.


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