Legal Question in Family Law in New Jersey

Domestic Partner won't move out, says he has rights

We have lived together for almost a year. Relationship is volatile and I want him to leave until I sell the house. The house is in my name only but we share household expenses. He won't leave arguing that NJ law allows him to stay because he resides here. Can I force him to move out w/o any legal consequences for myself, until the house is sold? What rights does he have (domestic partner, residence of home, contributor to household, etc) that'll preclude me from forcing him out?


Asked on 10/15/04, 4:08 am

1 Answer from Attorneys

Alan Albin Alan S. Albin, Attorney at Law

Re: Domestic Partner won't move out, says he has rights

You don't provide enough facts. Is he being abusive in any way? You use an ambiguous phrase, that the "relationship is volatile." I assume that means you give it out as good as you get it, therefore, are not prepared to say your partner is "abusive" to you.

You could always file an eviction proceeding against him, and there may be other remedies. But you need to consult an attorney.

I strongly recommend that you consult with an attorney immediately so that you can explore your legal rights, obligations, and options. If you wish to discuss retaining my services, contact me at:

[email protected]

(973)-605-8995

(*Licensed in New Jersey, Maryland, and Dist. of Columbia)

[Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

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Answered on 10/15/04, 10:40 am


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