How do I start a divorce if my spouse left the home and I don’t know where they are? – North Carolina Short Answer In North Carolina, a divorce case starts by filing a verified divorce complaint and having a summons issued in the county where the case is filed. If a spouse cannot be…
How can I ask the court for an order letting me enter the home to do an inventory of personal property without getting in trouble? – North Carolina Short Answer In North Carolina, the safest way to enter a home after being removed under a domestic-violence protective order (50B) or a temporary agreement is to…
If a domestic-violence protective order or temporary separation order has expired, can I legally go back to the marital home? – North Carolina Short Answer Sometimes, but not automatically. In North Carolina, once a domestic-violence protective order (often called a “50B”) expires, the specific “stay away” and “excluded from the residence” restrictions in that order…
What kind of court order can prevent my spouse from selling, hiding, or damaging marital property while the divorce is pending? – North Carolina Short Answer In North Carolina, the usual tool is a temporary restraining order (TRO) and, if needed, a preliminary injunction that tells a spouse not to sell, transfer, hide, or damage…
Can I get back into the home if my spouse has kicked me out during the divorce? – North Carolina Short Answer Sometimes, but not by “self-help.” In North Carolina, a spouse usually cannot legally lock the other spouse out of the marital home unless a court order gives one spouse exclusive possession (most commonly…
Do I need to file a partition action to force the sale if my spouse isn’t on the title but refuses to agree to sell? – North Carolina Short Answer Usually, no. In North Carolina, a partition action is generally a tool for co-owners (like tenants in common or joint owners) to force a division…
How does equitable distribution work when one spouse has been controlling the house and property during the case? – North Carolina Short Answer In North Carolina, equitable distribution usually starts from the presumption of a 50/50 division of marital and divisible property, but the court can adjust the outcome if one spouse controlled the house…
How does a refinance during the marriage affect whether a premarital home becomes marital property for divorce purposes? – North Carolina Short Answer In North Carolina, a home owned before marriage usually stays separate property in divorce, even if it is refinanced during the marriage. A spouse signing refinance paperwork (including a deed of trust)…
What happens if a protective order or related court order is changed or replaced while the divorce is still pending? – North Carolina Short Answer In North Carolina, when a protective order (such as a Chapter 50B domestic violence protective order) or a related court order is modified, renewed, or replaced during a pending divorce,…
Can I sell my house without my spouse signing if the deed is only in my name but my spouse signed refinance paperwork tied to the loan? – North Carolina Short Answer Usually not. In North Carolina, even if the deed is only in one spouse’s name, most buyers and closing attorneys will require the…
