Board Certified Family Law Specialist Matt Arnold answers the question: “How will the judge divide our property?”
Imagine this situation: You are separating from your spouse. For the duration of your marriage, you have shared the same marital home. Both of you want to stay in the home; neither of you are willing to move out, even though you have separated and initiated a divorce proceeding. What do you do in this situation? Can one spouse be forced from the marital home and leave the other with the sole possession of the home? In North Carolina, the answer to those questions are “it depends.” There are certain circumstances and situations in which a spouse can be forced out of the marital home. However, there are requirements that must be met in order to succeed.