abandoned

[ktlee620]

i am in north carolina. my husband left to stay with his brother as he needed some space. he would not talk to me and left his child with me. we have no children together, have been together for 8 yrs and married 3 yrs in june. we are not legally seperated, but he has finally told me he wants a divorce. there is another woman involved with him and i believe this is the reason for him leaving. is there anything i can do about this other woman since we are not legally seperated? i am in the house, taking care of his child and my own. he will not talk to me and says he will handle filing papers (that was 3 weeks ago). the mortgage is in his name, but i am on the deed/deed of trust. i do not want him being able to come into the house as he pleases when i am gone and want to change the locks. what are my rights? he said that i could live in the house until my 12 yr old graduates from high school and he will continue to make payments. i really don't believe this is going to happen, but i need to know if i can keep him from coming and going while i am living here.

 

[I AM ALWAYS LIABLE]

My response:

Don't wait for him to file. He won't - - at least not in a timely manner.

Take your life, and control, back. You be the one to file for Legal Separation or Divorce. Once filed and served on him, then you can then, and only then, change the locks.

The house is yours if you are also named on the Deed of Trust; however, be aware that if he fails to make the mortgage payments, the house will go into foreclosure. That's why YOU need to make the move to file yourself. You'll be able to obtain IMMEDIATE support orders, and orders that will REQUIRE him to make the mortgage payments.

If he fails to abide by the "interim" court orders, he'll be in Contempt of Court, and subject to arrest, and jail time.

Don't wait. See an attorney on Monday.

IAAL