Our Charlotte, NC based divorce lawyers are regularly asked questions about dividing the marital home when meeting with clients going through a separation. Due to emotional attachment and financial value, the marital residence is often one of the most hotly contested property items to divide between couples that are separating. Typically, couples will fall into 3 main categories as to how they deal with their marital house during the divorce process: keep the house with one party moving out, sell the house, or both parties dig their heels in and refuse to move.
The first two scenarios are typically relatively easy to resolve through a properly drafted and executed separation agreement or through the court process of equitable distribution. Despite the typically non-contentious nature of the first two options, there are still a number of items that need to be considered when one party remains in the house or when the parties decide to sell the house. Whether drafting an agreement or litigating the matter at a court hearing, it is important to consult with an attorney when negotiating, drafting agreements, or litigating matters related to substantial assets.
When two parties dig their heels in and cannot reach agreement on selling or who will move out of the marital home, litigation may be required. North Carolina laws provide a few different legal paths in this situation, including: one party moving out and filing for equitable distribution asking for possession of the home, filing for divorce from bed and board and asking for the ejectment of the other spouse, or if domestic violence is involved, filing for a domestic violence protective order and asking that a judge award possession of the home to the aggrieved party.
For more on this topic, view our full blog, on the topic of dividing the marital home upon divorce in North Carolina.