How to get a court order for possesion of house?

[tyandi]

NC
I have talked to my lawyer, and he advises that I try to get a court order to get temporary possion of our house. She has been living in Florida, has not payed the mortgage (both our names on Mortgage) house sits empty, and I am paying two house holds. There are currently no court orders, legal separation or anything.

Since there was infidelity on my part, she could contest it, but my lawyer says I have a powerful argument.
But here is my Question:

How do i go about getting a court order (Where to go & does it cost anything?) to get temporary possesion of the home, how long will that take, and can I move into the house while this proceeds.

Thanks, Please respond

 

[tyandi]

Advice!

Does anyone have an observation?

 

[rmet4nzkx]

NC
I have talked to my lawyer, and he advises that I try to get a court order to get temporary possion of our house. She has been living in Florida, has not payed the mortgage (both our names on Mortgage) house sits empty, and I am paying two house holds. There are currently no court orders, legal separation or anything.

Since there was infidelity on my part, she could contest it, but my lawyer says I have a powerful argument.
But here is my Question:

How do i go about getting a court order (Where to go & does it cost anything?) to get temporary possesion of the home, how long will that take, and can I move into the house while this proceeds.

Thanks, Please respond

If there are no orders, not even a restraining order and no divorce or separation filed, you are on the mortgage, deed and have a key, paying the mortgage, what is to prevent you from taking possession if it is your house and she abandoned it and the payments? Just don't let your lover move in with you because NC does have and enforce those laws.

 

[tyandi]

Hmmm

So you are saying I dont need a court order? What if she comes back to NC and tries to get a court order on me?
I think she is just hibernating down there with her family for the winter.
Also, she changed the locks. Could I legally change the locks?
In addition, I dont have a lover. I wanted to reconcile.

 

[rmet4nzkx]

If you are on the deed and mortgage, get those papers and a locksmith out and have the locks changed, check with the locksmith first for what they require as proof. Otherwise ask you attorney these questions.

 

[tyandi]

??

How do I do that without her being suspicious? Also, she will be going back to Florida in a week.
Could I show the locksmith a copy of my mortgage payment with current information on me that I can print off the Web (It shows me as Primary mortgage holder & her as second.

 

[HomeGuru]

How do I do that without her being suspicious? Also, she will be going back to Florida in a week.
Could I show the locksmith a copy of my mortgage payment with current information on me that I can print off the Web (It shows me as Primary mortgage holder & her as second.[/QUOTE

**A: you are confusing mortgage with being on title.

 

[tyandi]

Title

We are both on the Title and Mortgage.

What will I have to show the locksmith? She will be suspicious if I ask her anything now.

Thats why I was wondering If I could just show the locksmith a copy of our mortgage company statement showing me as Primary.
Hope this helps.