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  1. #1
    btyndall is offline Junior Member
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    Question I'm crying out for HELP!

    What is the name of your state (only U.S. law)? North Carolina
    I have been married for 8 years, but for the last 5 yrs I have been the only one working and paying bills. I decided 5 weeks ago that our marriage has been over for a long time and instead of praying that our marriage get better I started praying that the transition be easy for the kids. Well my husband is not making anything easy for the kids. I have asked him to leave almost on a daily basis for the past 5 weeks. He won't go. How do I get him out of the house. The house was purchased 3 yrs ago and b/c we are married his name is on the title but the loan is in my name only. He had no job, so the mortage company would not run his credit. Every month the house payment comes out of my personal bank account (not joint). We have 3 kids and I am not wanting this to get ugly, but I want him gone. I spoke with a detective who told me there is nothing I can do until I get a lawyer. Apparently if I change the locks he has every right to knock the door down to get in because the home is in his name too. I don't have money to leave and rent another home until he decides to leave while I am still paying my mortage every month. Please can someone help me? I'm almost to tears with no options left. By the way I had 2 lawyers quote me 5000 to take care of the matter. HELP!
  2. #2
    CourtClerk is offline Senior Member
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    He is under no obligation to leave his house.
  3. #3
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by btyndall View Post
    What is the name of your state (only U.S. law)? North Carolina
    I have been married for 8 years, but for the last 5 yrs I have been the only one working and paying bills. I decided 5 weeks ago that our marriage has been over for a long time and instead of praying that our marriage get better I started praying that the transition be easy for the kids. Well my husband is not making anything easy for the kids. I have asked him to leave almost on a daily basis for the past 5 weeks. He won't go. How do I get him out of the house. The house was purchased 3 yrs ago and b/c we are married his name is on the title but the loan is in my name only. He had no job, so the mortage company would not run his credit. Every month the house payment comes out of my personal bank account (not joint). We have 3 kids and I am not wanting this to get ugly, but I want him gone. I spoke with a detective who told me there is nothing I can do until I get a lawyer. Apparently if I change the locks he has every right to knock the door down to get in because the home is in his name too. I don't have money to leave and rent another home until he decides to leave while I am still paying my mortage every month. Please can someone help me? I'm almost to tears with no options left. By the way I had 2 lawyers quote me 5000 to take care of the matter. HELP!
    This home is as much HIS as YOURS. He doesn't LEGALLY have to leave the MARITAL home.
    You could file for divorce and possession of the marital home...But until a court issues an order he has no LEGAL obligation to leave.
  4. #4
    Gracie3787 is offline Senior Member
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    Quote Originally Posted by btyndall View Post
    What is the name of your state (only U.S. law)? North Carolina
    I have been married for 8 years, but for the last 5 yrs I have been the only one working and paying bills. I decided 5 weeks ago that our marriage has been over for a long time and instead of praying that our marriage get better I started praying that the transition be easy for the kids. Well my husband is not making anything easy for the kids. I have asked him to leave almost on a daily basis for the past 5 weeks. He won't go. How do I get him out of the house. The house was purchased 3 yrs ago and b/c we are married his name is on the title but the loan is in my name only. He had no job, so the mortage company would not run his credit. Every month the house payment comes out of my personal bank account (not joint). We have 3 kids and I am not wanting this to get ugly, but I want him gone. I spoke with a detective who told me there is nothing I can do until I get a lawyer. Apparently if I change the locks he has every right to knock the door down to get in because the home is in his name too. I don't have money to leave and rent another home until he decides to leave while I am still paying my mortage every month. Please can someone help me? I'm almost to tears with no options left. By the way I had 2 lawyers quote me 5000 to take care of the matter. HELP!
    Hire an attorney. If you don't want to do that, you should at least get a consult with one ASAP.
  5. #5
    Zigner is offline Senior Member
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    You DO intend to pay him spousal (temporary) and child support, right? I mean - he's been the primary caregiver for the children for the last 5 years. Do you expect that to change?
  6. #6
    nextwife is offline Senior Member
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    Quote Originally Posted by btyndall View Post
    What is the name of your state (only U.S. law)? North Carolina
    I have been married for 8 years, but for the last 5 yrs I have been the only one working and paying bills. I decided 5 weeks ago that our marriage has been over for a long time and instead of praying that our marriage get better I started praying that the transition be easy for the kids. Well my husband is not making anything easy for the kids. I have asked him to leave almost on a daily basis for the past 5 weeks. He won't go. How do I get him out of the house. The house was purchased 3 yrs ago and b/c we are married his name is on the title but the loan is in my name only. He had no job, so the mortage company would not run his credit. Every month the house payment comes out of my personal bank account (not joint). We have 3 kids and I am not wanting this to get ugly, but I want him gone. I spoke with a detective who told me there is nothing I can do until I get a lawyer. Apparently if I change the locks he has every right to knock the door down to get in because the home is in his name too. I don't have money to leave and rent another home until he decides to leave while I am still paying my mortage every month. Please can someone help me? I'm almost to tears with no options left. By the way I had 2 lawyers quote me 5000 to take care of the matter. HELP!
    Yeah, I worked with someone who had the same problem. His wife wouldn't get a job, and wouldn't make any attempt to help with the bills. He finally divorced her and moved one, but he had to pay her alimony. Expect to do the same, at least short term.
  7. #7
    btyndall is offline Junior Member
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    What?!?!

    I know it sounds as though my husband has been the primary caregiver, however all my children are school age and I work 8-5. So I am the one who gets the kids ready for school when I come home from work I cook, help with homework and do the baths while he sits on the internet. Prior to my children being school aged I paid a babysitter to watch my children and I have reciepts while he was out "looking for a job" (actually he was at a friend's house playing internet games). He has gotten a job every year in the past five years but would have some reason to quit that job. His father owns a buisness but he won't work for him until some occasion is coming up like Christmas. I have paid twice for him to attend the community college and he would get halfway through the 1st semester, then drop out. Do you really think I will have to pay spousal support?
  8. #8
    Silverplum is offline Senior Member
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    Quote Originally Posted by btyndall View Post
    I know it sounds as though my husband has been the primary caregiver, however all my children are school age and I work 8-5. So I am the one who gets the kids ready for school when I come home from work I cook, help with homework and do the baths while he sits on the internet. Prior to my children being school aged I paid a babysitter to watch my children and I have reciepts while he was out "looking for a job" (actually he was at a friend's house playing internet games). He has gotten a job every year in the past five years but would have some reason to quit that job. His father owns a buisness but he won't work for him until some occasion is coming up like Christmas. I have paid twice for him to attend the community college and he would get halfway through the 1st semester, then drop out. Do you really think I will have to pay spousal support?
    Yes, several advisors stated exactly that.

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