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  1. #1
    Join Date
    Aug 2010
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    3

    Default How Can I Get My Spouse to Move, or Get Off of the Lease

    My question involves divorce in the State of: NC

    We are going to our third year in marriage and it has been a living nightmare. we rush into marriage when we found out that we are having a baby. right after the baby came, things went from worst to hell. at first it started with her accusing me of cheating. she hired a private investigator to follow me around and the she found nothing. she till accused me of cheating. then she accused me of verbally and physically abusing her, she called the cops on me on several occasions and went to court to press charges but it got thrown away because they told her the police that came when she called didn't find any sign of abuse. then she started accusing me of neglecting and not caring for our daughter... the list goes on and on and on..

    the big issue now is that she is refused to help with any bill. I make a little more money than she does but she only pays for the new car she drives, which she registered under her mother and also that car's insurance. she buys the groceries and most of the time she asks me for money for groceries. I had threaten to not lease another apartment with her when our lease expired and I asked her to put the lease on her name and I will make the payment that way anytime when I don't have money and she refuse to support then it will affect her credit. she said her credit is not good to get an apartment. I asked her to take on the energy bills and I even threaten to not care if our power gets cut off, but she never cares and I always ending paying for it. because of the faith I had in our marriage I keep using my name to get stuff and when I don't have money she wouldn't help. recently she started loaning me the money for our bills and ask that I write her a check before I get the loan.

    This past weekend it was blazing hot outside, the car that I drive doesn't have Air Condition and the one she drives does. she hide the keys to that car. so she was sleeping and I went to wake her up to ask for the keys. she wake up and I asked for the keys and she said' "IF YOU KNOW WHAT'S BEST FOR YOU, YOU SHOULD NOT TOUCH ME!". out of frustration I held her hand and asked her, "OR WHAT ARE YOU GOING TO DO!? OR WHAT ARE YOU GOING TO F**KING DO!!!?" then I left her alone and started looking for the keys everywhere, I looked under the pillows she was laying on... after like 10mins she called the police and when the police came she started crying and told them that I hit her and she was hurt. the cop looked at her arm and there was no scratch. she kept insisting that I hurt her and she has scratches on her arm. the cop told her she can press charges if she wants and the court will determine if it was an assault. we both made a written statement and the cop was a good guy. He played a role of a cop and counselor that day. he spent hours advising us and he said he felt a tension between us thats not good. at the end, he advised that we separate.

    so my problem now is, how can I move out of the apartment? the lease is under my name and I can't afford another apartment and still make a payment for our current apartment. If I move out I will still be responsible for the current apartment and knowing who she is she wouldn't make a payment for it.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: I Am in Desperate Need of Advice

    I'm not sure what your legal question is - you're free to move wherever and whenever you want...but there may well be financial repercussions if your name is on the lease.

    You had no right to touch her and antagonize her - because that's what you did - in that manner.

    What are you asking exactly?

  3. #3
    Join Date
    Aug 2010
    Posts
    3

    Default Re: I Am in Desperate Need of Advice

    my question is how can I get her to move since my name is on the lease or how can I move out and get my name remove from the lease or at least have her pay half of the lease while I move?

    Quote Quoting Dogmatique
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    You had no right to touch her and antagonize her - because that's what you did - in that manner.
    so was that an assault?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: I Am in Desperate Need of Advice

    Well, what you need to do is file for divorce and request exclusive use of the marital home. Then SHE will have to move out within a certain time period.

    Technically yes, that could well have been an assault.

    I know people get angry - but she specifically told you not to touch her. You did - and that could fall into the category of battery or assault.

    File for divorce - before she does. You can't force her to pay the lease, and you can't force her to reimburse you for anything else.

    Have you tried talking to your landlord?

  5. #5
    Join Date
    Aug 2010
    Posts
    3

    Default Re: I Am in Desperate Need of Advice

    Well in the state of NC you can't file for divorce until you leave separately for one year. and there is no legal separation in the state of NC also. the two parties will have to decide that and move apart

    the landlord refused to remove me from the lease

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: I Am in Desperate Need of Advice

    Then you have two choices - either stay put, or leave and risk the landlord suing you.

    Sorry, but that's about all you can do at this point.

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