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Roger, Attorney
Category: Family Law
Satisfied Customers: 31733
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have a female friend who is getting ready to end a relationship.

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I have a female friend who is getting ready to end a relationship. She expressed that her male partner has been verbally abusive for some time and she does not want her 2 children from a previous marriage to be exposed to it anymore and she does not wish it to continue. Facts: She owns house in wake county. Mortgage in her name. They have been living together for 2 years. They have joint checking accts and share some bills such as cell phone. Property and mortgage in her name. He owns another house in Wake county which he rents out. She is employed as a property manager and he is a sheriff. Questions: 1. Can she ask him to leave. 2. Does he have right to property other than personal items that he purchased and specific items such as couches/besd that he brought into relationship. 3. Does he have any right to house or equity. 4. If he does have equity position in her house then does she have equity position in his property?

1. Yes, she can ask him to leave. If he pays any of the mortgage, he would be considered a renter and would be entitled to 30 days notice to vacate.


2. They both have rights to any property they purchased, and also, each one has full right to the money in the bank account. My suggestion is for her to get out what is hers and put it into an individual account.


3. No, he doesn't have any right to the house or equity in it. He doesn't own the property, thus he's got no entitlement to anything.


4. N/A

Customer: replied 8 years ago.
If he does not pay any of the mortgage then are there any laws around timing of leaving?
No. He is basically there at her discretion - a glorified house guest. Thus, she can kick him out without notice. However, my suggestion would be to give him 7-10 days to vacate out of good faith.
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