Skip to Content Top

Can I Make My Spouse Move Out of the Marital Home?


When one spouse wants a divorce, deciding who should move out of the marital home can sometimes be a difficult decision, especially when children are involved. Even when both spouses agree that the marriage is over, they may not agree who should leave the marital home. North Carolina law does not permit one spouse to “force” the other spouse to move out of the marital home because that spouse no longer wishes to be married. Therefore, the question becomes “How do I get my spouse out of the marital home?”

The divorce lawyers of The Trevor J. Avery Law Firm understand that you may want to force your spouse to move out of the marital home; however, you cannot throw your spouse’s belongings out into the street and change the locks. You must go through the process of obtaining a court order even if the home is titled in your name only. Contact our office to schedule a consultation to discuss your options for remaining in the marital home and having your spouse vacate the home.

What are My Options to Settle the Matter of the Marital Home in a Divorce?

You do have several options for settling who should move out of the marital home. Your first option is to move out yourself; however, before you do this, you should consult our attorneys to discuss the facts of your case to determine if this is your best option. If you and your spouse can reach an amicable agreement regarding the marital home, this would be the easiest option for settling the issue and probably better for your children.

Two other possible options are to file for a divorce from bed and board or to petition the court for a domestic violence protective order (DVPO) if you have grounds for either action.

  • A DVPO, also referred to as a 50-B Order, is an order issued in the case of domestic violence. A DVPO can give you immediate possession of the marital home pending a final hearing addressing the allegations of domestic abuse.
  • A divorce from bed and board is not a final, absolute divorce. It is considered a separation rather than a divorce. To be successful on a petition for divorce from bed and board, you must prove to the court your spouse is at “fault” for the breakup of the marriage. Grounds for a divorce from bed and board include, but are not limited to, adultery, abandonment, alcohol or drug abuse, and endangerment of life.

Because each situation is different, contact our office to discuss the facts of your case to determine the best option for having your spouse leave the marital home. Our attorneys have extensive experience handling situations like this in family court and can help you find a solution that is in your best interest.

Contact an Experienced Jacksonville Divorce Attorney

“Attorneys Who Aggressively Protect Your Rights”

The divorce lawyers of The Trevor J. Avery Law Firm provide results-driven legal representation to individuals going through a divorce or other family law matter. We understand you may be nervous or anxious about the divorce process; therefore; our attorneys communicate regularly with you to ensure that you know what is going in your case.

When you have a problem related to family law, you need an experienced attorney working for you who knows North Carolina family law and who has the experience to get results. We represent clients throughout Duplin County, Onslow County, and the surrounding communities. Call our office at (910) 405-8459 or contact us online today for a free case evaluation.