Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

I live in NC. My husband won't leave our home. This is the…

Customer Question
I live in NC...

I live in NC. My husband won't leave our home. This is the 2nd time I've filled in the details which is fine but I am not sure about the procedure. I want a divorce. Since he won't leave, I can't start the 12 month separation required by NC law. I ahve not consulted an atty nor have I filed any paperwork. I have paid for approximately 70% of our home or more but it is our names. I am legally diabled but self-sufficient. How do I get him out or get a quick divorce?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in NC family court?

O

Lawyer's Assistant: Have you talked to a lawyer about this yet?

No

Submitted: 6 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 4 minutes by:
12/31/2017
Family Lawyer: TJ, Esq., Attorney replied 6 months ago
TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12,762
Experience: JD, MBA
Verified

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

Unfortunately, in this situation, your husband has no legal requirement to leave the house in order to begin a 12 month separate period. As a part owner, he has a right to reside there. Since you are the party who wants the divorce, you may have to leave the house yourself if your husband will not do so voluntarily.

I am truly sorry for the bad news, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know and I will be happy to clarify my answer.

Also, despite the bad news, I would certainly appreciate it if you remember to provide a positive rating via the stars, as it is the only way that I'll get credit for answering your question(s). Thank you. :)

Ask Your Own Family Law Question
Family Lawyer: TJ, Esq., Attorney replied 6 months ago

Hello again. I didn't hear back from you, and you haven't yet rated me, so I'm just checking in to make sure that you don't need more help on this issue.

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask TJ, Esq. Your Own Question
TJ, Esq.
TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12,762
12,762 Satisfied Customers
Experience: JD, MBA

TJ, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
My question is how to file without having the state go
My question is how to file without having the state go through our finances. We have our own agreement. Can the lawyer answer that? … read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,365 satisfied customers
I currently live in SC, my husband lives in NC, we have been
I currently live in SC, my husband lives in NC, we have been separated since August 1st, 2013. I can't get NC lawyers to call me back to do an uncontested divorce with no property or alimony. Can I be… read more
Sean K
Sean K
Attorney/Member
JD
870 satisfied customers
I live in NC and want to divorce my husband. He has always
I live in NC and want to divorce my husband. He has always refused to leave the home. I wanted to know how to get the quickest divorce since he says I cannot force him to leave which makes a year's se… read more
Expert
Expert
Managing Partner
Doctoral Degree
9 satisfied customers
I have a question for you about the Financial Affidavit
For RayHello again sir. I have a question for you about the Financial Affidavit Short Form required to be completed for someone doing Uncontested divorce with no children or property paperwork. I have… read more
Ray
Ray
Lawyer
Doctoral Degree
33,357 satisfied customers
Family Lawyer I have two quick inquiries for you (I will
For Ray, Family LawyerHello sir. I have two quick inquiries for you (I will check back in Saturday for response) This is in regards ***** ***** divorce with children forms for a pro-se filer.1. First,… read more
Ray
Ray
Lawyer
Doctoral Degree
33,357 satisfied customers
I am filling out a JDF 1111 for a modification of child
I am filling out a JDF 1111 for a modification of child support. Do I just put my own debts and assets on it, or do I put my ex husband's on there as well? The divorce has already been finalized (in 2… read more
LegalGems
LegalGems
Juris Doctorate
12,550 satisfied customers
My husband is active duty army and has had affairs. He
my husband is active duty army and has had affairs. He hasn't even moved all his stuff out of the house and we have not filled any paperwork yet and he has used family money to move his girlfriend in … read more
AttyHeather
AttyHeather
Attorney
Juris Doctorate
637 satisfied customers
Purchasing a home during seperation period, NC, I've talked
I purchased a home prior to marriage. I want to sell it and purchase a new home in the short term. My spouse is unreliable and doesn't follow through. … read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,571 satisfied customers
My wife walked out from our home over 2 years ago and
My wife walked out from our home over 2 years ago and abandoned our 38 year marriage. I want a legal divorce. We owned 2 properties together, which I assume we will divide, but will I need to divide m… read more
Kim Courtney
Kim Courtney
Principal Attorney
Master\u0027s Degree
1 satisfied customers
My husband and I have been separated 12 years. Texas
My husband and I have been separated for about 12 years. Texas doesn't have a legal separation so it's all been worked out between him and me. We haven't gotten a divorce because we own a business and… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
Wife and I lived in NY and have been separated by signed paper
Wife and I lived in NY and have been separated by signed paper for two years. I have moved to NC. The marriage was in NJ. There is no property to split and children are both over 18. This is a non con… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
I've been married since Feb 27 214. Been with him for 4yrs.
I've been married since Feb 27 214. Been with him for 4yrs. and he has told everyone I've been helping him with paying the taxes and so on for that period of time. The house will closing (it's been so… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
Hi, I was raped during my marriage to a SgtMaj after he was
Hi, I was raped during my marriage to a SgtMaj after he was drunk. I never reported to anyone outside the military chain of command on Camp Pendleton, CA. When I realized my complaint was covered up, … read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
Engaged 7/07, bought a house together 8/07 (using my credit
Engaged 7/07, bought a house together 8/07 (using my credit and his $40K down payment from the sale of his separate property house); Married 11/07; In 2008, his income decreases significantly – I begi… read more
Tina
Tina
Attorney and Counselor at Law, Mediator
Doctoral Degree
31,168 satisfied customers
My wife recently filed for an uncontested divorce. We reside
My wife recently filed for an uncontested divorce. We reside in NC. She wanted to do the quick route, and I already signed and everything. We are being pretty civil about who gets what and agreed on w… read more
marriagedivorce-law
marriagedivorce-law
Attorney/Partner
Doctoral Degree
314 satisfied customers
Husband filed for divorce; hes living w/girlfriend. Convinced
Husband filed for divorce; he's living w/girlfriend. Convinced kids (15 & 18) to live with him. I am living in our house; he pays the mortgage as he wants the house and knows he'll get it. He wants ho… read more
DHP
DHP
Attorney and Mediator
Doctoral Degree
212 satisfied customers
What is the state that you can get a divorce in the shortest
What is the state that you can get a divorce in the shortest amount of time; what are the requirements?… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
active military service man married in okinawa japan with a
active military service man married in okinawa japan with a local okinawan separated in march 2006 tried filling for divorce but since i am station in north carolina i had to wait a year then i filed … read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x