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Can I move back into my house?

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justalayman

Senior Member
tyandi said:
Because in NC you have to stay separated 12 months to get divorced.
in 7 months, it will be 1 year (12 months)

I'm sure she can file sooner, but it wont be legal for 7 months.
OK, then you will be eligible for divorce under the pertinent statute after 1 year of seperation. This obviosly won't happen in neither of you file and who knows how long the courts take to deal with this once it is filed.

But anyway;

as it stands, the house is as much yours as it is hers. There is no reason you should not be able to live in it. If she has a problem with it, she will need to go to court to ask for an order placing her as the allowed occupant until the divorce settlement makes something permanant.

If you move into the home, I would suspect she will need to be careful about co-habitating. It may start the 1 year period over.

Now since she has physically moved to Florida, it would give you a good arguement as to you being allowed to stay in the home if she were to try the court route.

As far as you getting a court order placing you as temp occupant, ask your attorney if this is possible or if it is neccessary for any reason.
 


tyandi

Member
Thanks justalayman

Thank you for your input justalayman.

It makes sense what you have said. I will consult my attorney.
I just want the house to be taken care of. Being she comes from a wealthy family, she can just let a $185,000 home sit empty but I can't. Although if the court says get out, I will. But I feel the same as you do, and that is i feel I have a valid argument being she is living in Florida, even if it's temporary.

If you have any other advice, I'll take it. You have been most helpful, all of you!

Thanks.
 

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