North Carolina Abandonment of Married Person's Separate Homestead Following Reconciliation

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Multi-State
Control #:
US-02143BG
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Description

Generally, an owner is held to have abandoned his or her homestead when:


" the owner disposes of the property, or

" when he or she leaves with the intention, or

" forms the intention after leaving, of not returning and occupying it as a homestead.


Intent alone without actual removal from the premises does not establish a loss of the homestead right, but the right may be defeated by the owner's use of the property in a manner not contemplated by the homestead laws. In some jurisdictions, a homestead can be abandoned only by a declaration of abandonment by the husband and wife.


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FAQ

Under NCGS 50-16.1A, marital misconduct is defined as acts of sexual or deviate sexual intercourse, deviate sexual acts, or sexual acts defined in G.S. 14201127.1(4), voluntarily engaged in by a spouse with someone other than the other spouse. So, if you or your spouse had an affair, there has been marital misconduct.

It's completely possible to reconcile after a separation. Depending on your relationship and the reasons you separated, there's still a chance you can work things out and get your marriage back on track.

To be accused of abandonment in NC, you have to move out of your shared residence without a valid reason, without your spouse agreeing, and without ever planning on living with your spouse again.

Under NCGS §14-322.1, you can be charged with a class I felony if you: Abandon your child for six months. Fail or refuse to provide support during that six-month period. Attempt to conceal your whereabouts with the intent of escaping your support obligation.

Generally, if spouses reconcile after they execute a separation agreement, it won't affect the property settlement terms. So, if you and your spouse get back together after entering into a separation agreement and have already transferred title to the house to your spouse, it will remain in your spouse's name.

Coercion, fraud, undue influence or lack of knowledge will void the terms of a separation agreement. A separation agreement is not proof of the parties' separation. It is not required for a divorce in North Carolina, and it doesn't make a divorce in North Carolina easier or more difficult to obtain.

An Unincorporated Separation Agreement is not modifiable unless the parties agree. A separation agreement is a legally binding contract between the parties involved. The terms of the agreement cannot be modified by verbal agreements between the parties.

Under North Carolina law, abandonment occurs when one spouse (1) willfully ends cohabitation; (2) without the intent to resume living together; (3) without consent of the other spouse; and (4) without justification or provocation.

Abandonment has three distinct elements that must be proven. A spouse is deemed to have abandoned the other when he or she (1) brings their cohabitation to an end without justification; (2) without the consent of the other spouse; and (3) without the intent to renew the cohabitation.

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North Carolina Abandonment of Married Person's Separate Homestead Following Reconciliation