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Are you both on the title to the home?
Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Unfortunately, in North Carolina you can’t just throw your spouse out of the house because you want to be separated. This even applies if you owned the house before the marriage and only your name is ***** ***** deed. You also cannot simply change the locks when they go to work one day.
You can change the locks if your spouse vacates or abandons the martial residence. If they voluntarily move out they can’t just return to do laundry when they feel like it. In North Carolina it is actually a criminal offense to return to a marital home if you have voluntarily left and are not invited to return. This applies even if you are still on the Deed to the house! To do so is a Class 1 misdemeanor offense and is considered domestic criminal trespass.
Also, if there is physical abuse and you receive an order of protection then he can be barred by court order from the home.
Otherwise, you will need to wait until the final decree for the court to order him to leave.
I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels on this.
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