QUESTION

I want a divorce but my husband won't leave and I don't want to lose the house I inherited from my father when passed away, what are my options?

Asked on Mar 12th, 2020 on Divorce - North Carolina
More details to this question:
Just want to know my options
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1 ANSWER

Family Law Attorney serving Monroe, NC
2 Awards
The two causes of action involved with your situation are (1) divorce from bed and board, and (2) equitable distribution. Divorce from Bed and Board is the claim used to ask a court to force a separation. North Carolina General Statute § 50-7 lists six grounds: Abandonment of the family, Maliciously turning the complaining spouse out of doors, Treating the complaining spouse in such a cruel or barbarous way that it endangers his or her life, Indignities that render the complaining spouse’s condition intolerable or life overly burdensome, Excessive drug or alcohol use that makes the complaining spouse’s condition intolerable or life overly burdensome, or Adultery. Regarding your inherited house, several factors may impact whether your husband has any claim to the house and you should seek the advice of an attorney in your area to determine how to proceed. Generally, inherited property remains your separate property in a divorce. However, the are ways the property may be covered under the divorce laws and your husband could have a claims to some of its value.  If both of you are aware the marriage is going to end, it may be possible to negotiate a separation agreement that proptects both of you and facilitates an amicable resolution to the matter. This, too, is something well worth involving a family law attorney in your area.
Answered on Mar 16th, 2020 at 8:11 AM

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