adultry in N.C.

[krazy4lovn]

My wife asked me to move out so we could seperate, after moving out I find out that she was having affair with a guy over a year ago. She has changed the locks on the house, and He is now living at my house. Se said she was going to have me arrested for tresspassing, even though the house is still in both our names, and no legal seperation paperwork, what can I do about this, I believe I have the right to put the house on the market and sell, she says I dont? She is also tring to go for full custody of my son, which she has always had time to go to the beach,softball, and misc. activities, and I was the one takin care of my son. How can I get full custody of my son? She comitted adultry and it seems like it is alright in this state, What can I do?
She also has left my stuff out of our shed in the rian in the driveway, Is this legal?

 

[jharris352]

You have rights

First, I'm amazed that you simply "moved out." You have ownership in the house but it is not full ownership. You can not be arrested for trespassing on your own property. Because you are an owner you can't be locked out either. Your wife also has a duty to protect your property so she is liable for the things she left out in the rain.

Where to start? First I would GET A LAWYER. I know, many people are here because they can't afford one, but you can't afford not to have one.

Your lawyer will file for divorce based upon her infidelity. Her flagrant actions will not sit well with a Judge. I doubt you will be able to get "full custody" of your son, or even primary custody because the law favors Mothers with young children. (I don't know how old he is).

You are in a pretty good position though. She is "at fault" in this divorce and you can sue for divorce, custody, an inequitable property settlement (where you get more than her), compensation for the ruined property, and even legal fees. In the process of the divorce you will probably be able to sell the house but she will have first right of refusal to buy the house where you get your equity from her. Don't wait, the longer you do the harder it will get. Get a lawyer and go to town on her now!