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Can i move back in my marital home if it is vacant and he is no longer in the state living elsewhere i am on mortgage

Stedman, NC |
Filed under: Real estate

my ex has been stationed out of state in new york and the house is vacant now for over a year now my kids and I need a home not sure if i am on deed but he want let us move in it and noone lives there so dont the children and i have a right to move back in?there is nothing in our divorce about home at the time i moved out before our divorce because i could not afford it but now i can and we desperately need a home

Attorney Answers 1


If you are now divorced and a Judgment of Absolute Divorce was entered WITHOUT claims for equitable distribution OR without a Separation Agreement and Property Settlement (SAPS), then the home vests based on title.

If the home was addressed in an equitable distribution order or through a SAPS, that will dictate who has it.

Please go see a family law attorney in the State of NC and show them the documents you have before you act on your own. It is possible that he could have you criminally charged with domestic criminal trespass if you attempt to re-enter the home. So make sure you have all the facts and good legal advice.

I do not have enough information in your question to properly advise you.

Was this helpful? Please let me know by clicking the "thumbs-up" image at the bottom of this post. Thanks! Disclaimer: Information posted for educational / informational purposes only. No attorney client relationship created through the use of this web site. Information pertains to the State of North Carolina only. See our website, for more information. Rice Law, PLLC 401 Chestnut Street, Suite G Wilmington, NC 28401 (910) 762-3854

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