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Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 40935
Experience:  30 plus years of experience.
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How do I get my husband out of the house, I found out he's

Customer Question

How do I get my husband out of the house, I found out he's been cheating with the same woman for nine years, now he went for an aids test and a std test
JA: Family law varies by state. What state are you in?
Customer: South carolina
JA: Have you talked to a lawyer yet?
Customer: No the truth is still co ing out
JA: Anything else you want the lawyer to know before I connect you?
Customer: I'm worried about my other health proublem
Submitted: 11 months ago.
Category: Family Law
Expert:  Loren replied 11 months ago.

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

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Expert:  Loren replied 11 months ago.

Are you both on the title to the home?

Customer: replied 11 months ago.
No, its a piece that my family gave to me . its in my name only
Customer: replied 11 months ago.
I just need to know what to do
Expert:  Loren replied 11 months ago.

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.

Expert:  Loren replied 11 months ago.

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.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Expert:  Loren replied 11 months ago.

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

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Thank you!