Can I use divorce from bed and board to force my spouse out of the house?
As an action seeking a judicially authorized separation, an action for divorce from bed and board is seen by North Carolina courts as an appropriate vehicle for awarding exclusive possession of the marital home. A divorce from bed and board “suspends the effect of the marriage as to cohabitation, but does not dissolve the marriage bond.” The legislature has, however, directed that a spouse divorced from bed and board loses the rights enumerated in Section 31A-1(b) of the North Carolina General Statutes. Rights in property of the innocent spouse are likewise barred to the offending spouse, for so long as the parties remain separated, pursuant to Section 31A-1(d)(1).
