UPDATED: Oct 1, 2022
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I’ve requested for spouse to leave
my home property solely in my
name due to infidelity multiple
times and spouse refuses to do so
without a divorce. What are my
rights? Can I file a protection
Asked on April 20, 2018 under Family Law, North Carolina
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
First of all, adultery is not grounds for obtaining an order of protection. As for making your spouse leave, unless there is a forml separation agreement in effect or a final decree of divorce has been granted which determines who has the right of occupancy, it is remains the "joint marital residence". This means that you both have the legal right to occupy it.
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