What are my legal rights?

[tknewberry]

What is the name of your state (only U.S. law)? North Carolina..

I would like to know do I have any right to stay in a house that my name is on even thought my name is not the primary.

My husband wants a divorce just because he is tired of being married. I left for 2 months, but moved back 2 weeks ago. He is saying now he doesn't want to be married anymore. I had my problems in the marriage and he had his problems and we work things out. But now, I haven' done anything and neither has he. When I left, he knew exactly where I was at and we talk everyday, dated, and spent the night together. When he let me move back in he changed completely and tells me he doesn't want to be married anymore. Do I have the right to stay in the house or should I leave? If I leave will it ruin my legal rights to the house, alimony etc.... We do not have any kids together.

 

[mistoffolees]

What is the name of your state (only U.S. law)? North Carolina..

I would like to know do I have any right to stay in a house that my name is on even thought my name is not the primary.

My husband wants a divorce just because he is tired of being married. I left for 2 months, but moved back 2 weeks ago. He is saying now he doesn't want to be married anymore. I had my problems in the marriage and he had his problems and we work things out. But now, I haven' done anything and neither has he. When I left, he knew exactly where I was at and we talk everyday, dated, and spent the night together. When he let me move back in he changed completely and tells me he doesn't want to be married anymore. Do I have the right to stay in the house or should I leave? If I leave will it ruin my legal rights to the house, alimony etc.... We do not have any kids together.

It is the marital home. You have as much right to be there as he does, regardless of whose name is on the mortgage or deed.

If he doesn't like it, he can go to court to ask for temporary possession of the house (which he might or might not get, depending on circumstances). Until then, you're able to live there.

 

[tknewberry]

Thank You for the advice. Now, my other question is can he get a divorce just because he doesn't want to be married anymore. We have had our problems...I had a bad bar thing at one time, but I stop it and went back to school. I am in my last year and do not have a job because I am getting finincial aid through school. He cheated on me last year and I took him back and we work through it.
I have been reading and in some cases the judge will not grant a divorce based on because he doesn't want to be married.

 

[mistoffolees]

Thank You for the advice. Now, my other question is can he get a divorce just because he doesn't want to be married anymore. We have had our problems...I had a bad bar thing at one time, but I stop it and went back to school. I am in my last year and do not have a job because I am getting finincial aid through school. He cheated on me last year and I took him back and we work through it.
I have been reading and in some cases the judge will not grant a divorce based on because he doesn't want to be married.

North Carolina Grounds for Divorce — DivorceNet
He can get a divorce by establishing one of the grounds listed. If he can't do that, he can petition for divorce after you've lived apart for a year.

If he can show a one year separation, it would be extremely unlikely that a judge would fail to grant a divorce. The judge might not agree to the proposed terms, but the divorce will eventually be granted.

Why would you want to stay married to someone who doesn't want to be married to you, anyway?

 

[tknewberry]

In the two months we were separated, he called everyday, text message, and saying he was not going to give up hope. That we have been through too much, and now in one week he says that. We have made love since I have moved back and all I get out of him is I feel trapped and don't want to deal with anything anymore.

 

[mistoffolees]

In the two months we were separated, he called everyday, text message, and saying he was not going to give up hope. That we have been through too much, and now in one week he says that. We have made love since I have moved back and all I get out of him is I feel trapped and don't want to deal with anything anymore.

You need to be separated for 12 months. As soon as you spend one night together, the clock starts at zero again.

It doesn't matter how much he calls or texts you. You can even do things together. But if you spend the night together, your separation clock starts all over.