Skip to Content Top

Who Should Move Out Of The Marital Home?


Ending a marriage is devastating even if the parties are separating on good terms. No one enters a marriage with the belief that one day they will be facing a divorce; however, that is the reality for many couples today. When a couple decides it is time to separate, there are many questions to be answered and decisions to be made. One of the most important decisions is who will move out of the marital home.

In some cases, a couple may be able to agree who will remain in the marital home and who will move out. If the couple has children, many times the parent who will have primary physical custody of the children will remain in the home to make it easier for the children. Unfortunately, not all couples can agree who will leave the marital home. When this happens, it can create a very hostile living environment. You need the assistance of an experienced divorce attorney immediately in order to protect your rights and to help you resolve who will leave the marital home.

Can I Force My Spouse to Move Out of the Marital Home?

Unfortunately, there is no law under North Carolina divorce statutes that forces your spouse to vacate the marital home unless you can prove allegations of domestic violence under NCGS 50-B or prevail on a civil action entitled Divorce From Bed and Board. In both cases, it is the responsibility of the moving party to prove fault on the part of the other spouse.

In the case of domestic violence, the court can award the marital home to you until a hearing can be held. At the hearing, if the court finds that your spouse has committed domestic violence, the court can continue the award of temporary possession of the marital home pending a final order. This is not a final disposition of the marital home but it does keep your spouse out of the marital home during the divorce proceedings.

A civil action for Divorce From Bed and Board is more complicated and requires you to prove several allegations of fault committed by your spouse. Even if the court finds in your favor, there is still a chance that the court will not require your spouse to vacate the marital home. It may be better for you to negotiate with your spouse through your attorney to reach an agreeable resolution.

Unless you are fearful for your safety or your life, you should not move out of the marital residence without first consulting an experienced divorce attorney. Our attorneys are available to consult with you on an emergency basis, if needed, to help you as you deal with this emotional and painful situation.

Contact an Experienced Jacksonville Divorce Attorney

“Attorneys Who Aggressively Protect Your Rights”

Welch and Avery is a full-service Jacksonville Criminal and Civil law firm that is committed to providing results-driven legal representation to businesses and individuals seeking an alternative to large-firm representation. We focus on getting you the results you want while offering you a cost-effective solution to your legal needs. We understand that we work for our clients; therefore; our attorneys communicate regularly with each client to ensure that the client knows what is going on with the case.

When you have legal problems, you need an experienced legal professional in your corner. No matter the case, you should have an attorney working for you who knows the 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.