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 until the house is sold? Can I force him to move out his belongings w/o violating any laws?
1 Answer from Attorneys
Re: Domestic Partner won't move out, says he has rights
I assume that the two of you are married. He can stay until a court orders him to leave.
You use the word "volatile", If he commits an act
of domestic violence you can apply to the Superior Court in the county seat of your county for a restraining order which will compel him to bleave the house. If he commits an act of domestic violence during the night or weekend when the
court house is closed you should call or go to the
police and complain and they will contact a judge
to see if the judge will issue a restraining order
under the Domestic Violence Act evicting him from
the house until a hearing can be held to determine if the order should be made permanent.
Otherwise, file a divorce complaint if you wish to
end your marriage.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com
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