Can I legally kick my husband out of my house?

Asked over 1 year ago - Greensboro, NC

My husband is a drug addict and has, for the 15th time in the past 2 years that have been together, taken all of the money out of the bank to buy drugs. When he does this he leaves the house for 1-2 days, then comes back, apologizes, and says he doesn't want to leave. I've bought his apologies in the past, but I'm fed up. I've tried to kick him out in the past and he says I can't legally kick him out because we're married and he has rights to half the house and everything in it. The house/mortage are still in my name only. He hasn't significantly contributed to any bills since we've been married.

Attorney answers (2)

  1. Heather Dolan Kaemmer

    Contributor Level 6


    Lawyers agree

    Answered . I agree that you should file an action for Divorce from Bed and Board as soon as possible. In North Carolina, Divorce from bed is not an absolute divorce but a judicially ordered separation. One of the grounds for Divorce from Bed and Board is excessive use of alcohol or drugs rendering the condition of the other spouse intolerable. This type of action can be very complicated and I suggest that you seek the advice of a family law attorney in your area as soon as possible.

  2. Vance Tate Davis

    Contributor Level 18

    Answered . The legal way to oust him from the house is to file a suit for "divorce from bed and board." You will most likely want and need to have help from an experienced local family law attorney because this could get complicated quickly. You can find an attorney here on Avvo using the "find a lawyer" tab.

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