Legal Question in Family Law in New Jersey

My husband and i are getting ready to file for divorce after 16 years of marriage, he would like to try and remain in the home, whereas i would like to move out and find something cheaper for myself and our 2 small children, if i were to move out before our divorce, would i have abandoned the home? unfortunately neither one of us is in a situation where he can buy me out, but will i lose all rights to the house if he should ever sell?

Asked on 4/12/10, 11:50 am

2 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

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The rule is not "first one out loses". Both of you have all rights and obligations to the house no matter who moves out first. Note that I said obligations. Even the one moving out may have the requirement to make payments toward same. The two of you should really sort this out before anyone moves.

Keep in mind that this advice is given based on the little bit of information that you have provided in your question. My advice may change based on other information. Further, no one can rely on advice from an attorney who has not been retained. You cannot rely on this advice because we have not personally met and you have not retained me as an attorney. If you have not already done so, you should immediately meet with a Family Law attorney for a full consultation before you take any further steps. You may feel free to call me at 856-546-8010 to discuss this matter in more detail. If you do so, mention Law Guru and your first one hour of time will be free. Good luck! Rob Gleaner

Answered on 4/18/10, 4:11 pm

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