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Eviction

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zippo

Junior Member
What is the name of your state? North Carolina

G'day,

Can my spouse have me evicted from our home? Under what circumstances could I be evicted? Mortgage is in both of our names. There's no physical harm being threatened nor will there ever be on my part. I am the major income provider, although she holds a part time job.

There have been no legal papers filed as of yet. We have had a discusion about possible a divirce. I am just trying to educate and protect myself at this point.

Married 29 years

Thank you in advance for your insight.
 


ReillysMommy

Junior Member
it wouldnt be called eviction if you own the home. and technically no, if you are both on the mortgage agreements she cant force you to leave. usually if a divorce is pending one or both of the adults choose to move
 

LdiJ

Senior Member
What is the name of your state? North Carolina

G'day,

Can my spouse have me evicted from our home? Under what circumstances could I be evicted? Mortgage is in both of our names. There's no physical harm being threatened nor will there ever be on my part. I am the major income provider, although she holds a part time job.

There have been no legal papers filed as of yet. We have had a discusion about possible a divirce. I am just trying to educate and protect myself at this point.

Married 29 years

Thank you in advance for your insight.
Your spouse cannot evict you from the marital home...only the judge can.

Once you file, the judge will normally determine who gets temporary possession of the marital home, and then permanent possession will depend on a whole host of factors.

After a 29 year marriage, most judges are going to expect that the two of you will come to an agreement regarding marital assets...which includes the home, all bank accounts, all retirement accounts and any and all other marital assets.....and all marital debts being offset against said assets.
 

Just Blue

Senior Member
it wouldnt be called eviction if you own the home. and technically no, if you are both on the mortgage agreements she cant force you to leave. usually if a divorce is pending one or both of the adults choose to move
It is irrelevant as to who's name is on the mortgage. Both parties, short of a court order stating otherwise, are entitled to reside in the MARITAL home.

OP, NO! Your wife can NOT order or evict you out of the home.
 

zippo

Junior Member
Thank all of you for your responses. If things continue along the path we are traveling, I'm sure I will have more questions.

Appreiciate you taking the time on the weekend to answer my question, and please enjoy the rest of your weekend :)

the zippo
 

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