Apartment Living & Legal Separation

By Lindsey Houk, Partner | Waple & Houk, PLLC

If you are stopped at almost any stoplight in Charlotte and look beside you, you might see construction. Let’s be honest, it is almost guaranteed. Your initial thought is, “I wonder what they are building there?” If your first guess is an apartment building, you have a high likelihood of being correct. Apartments are being built all over the city from South End, Dilworth, Midtown and into Uptown.  

I myself have wondered, who are all of the people moving into these new apartments? Believe it or not, it is not just young, single professionals. Apartment living is the newest lifestyle choice for newlyweds, families, and retired couples. Sounds great, right? The apartment is perfect and it is walkable to their jobs, the light rail, and all of their favorite restaurants. It makes sense until, despite the perfect apartment, the marriage is coming to an end. Two happily married people have both signed a lease in an individual capacity with individual liability.

How does this change the process for separation subsequent to divorce? In North Carolina, you must be separated for one year and one day in order to file for divorce. Your separation begins on the day that one spouse leaves the marital residence with the intent for it to be a marital separation. There are factors you must consider during this time period. What if you cannot afford the rent for an apartment on your own? What if both parties signed the lease? Are you liable under the rental contract if you decide to move out? These are just a few of the questions that you might be asking and we are here to help.

Whether you are leaving a home that you own or an apartment that you rent, the attorneys at Waple & Houk work to protect you during your separation and divorce. We will make sure you are well informed and we will advocate on your behalf during all stages from move out to the final stage of agreement or adjudication. 

Waple and Houk


A QUIET STRENGTH IN TIMES OF CRISIS. We provide more than simple legal analysis, but guidance to secure a resolution that is practical. We provide intentional representation of the individual, providing a quiet strength in what, at times, may feel like a storm of chaos. We are a small firm that provides accessible legal services to the individual who may be struggling with a family crisis. Unexpected events can dramatically impact the individual and, in turn, the family as a whole. This may include separation of a husband and wife; family uncertainty or dispute of how to assist a mother, father, aunt, or uncle who is struggling with the effects of dementia or Alzheimer’s disease; or a primary breadwinner who has lost the ability to earn a living following a work injury. We have the experience to address crises arising from these issues. FAMILY LAW - ELDER LAW - WORKERS COMP