Do I Have to Move Out of the Marital Home if I Had an Affair?
Full Question:
Answer:
Usually each spouse has as much legal right to be in the home as the other, until a court orders a spouse to have "exclusive possession" of the matrimonial home, or one spouse agrees to move out Simply not wanting to live with your spouse isn’t sufficient grounds to lock him or her out of their home. However, if you have grounds to fear immediate violence, it may be reasonable to lock your spouse out until the police can be contacted and a restraining order obtained. Emergency, temporary court orders can be obtained in extreme circumstances.
A spouse has a right to reside in the marital residence unless there is a court order otherwise. Sometimes when a divorce action is filed, one party will ask for exclusive possession of the marital residence to be awarded pending the distribution of assets in the divorce decree. In some cases, a party will ask for a restraining order to prevent another spouse from entering the premises. Typically, a threat of harm needs to be shown before the court will grant a restraining order. However, without a court order, a spouse may not lock another co-owner spouse out of the home when the other spouse hasn't already abandoned the premises.
See also:
http://www.divorcesource.com/ubbthreads/showflat.php?Cat=0&Number=137747&Main=115801
http://www.divorcenet.com/states/north_carolina/family_law_questions_and_the_collaborative_process
