Legal Question in Family Law in New Jersey

Jointly owned real estate

Husband & wife both live in house - both names on deed/mortgage. Wife has 2 sons by first marriage plus her mother lives with them. Wife wants husband to move out and she wants to file for divorce. Does husband have to move? He has nowhere else to live. He's young, immature and oblivious, and doesn't think she'll really do it. She's 8 years older than him. I don't want to see her take advantage of him. He still plays video games and tunes out the world, plus he can't handle his liquor.


Asked on 4/16/07, 8:05 pm

3 Answers from Attorneys
Robert Davies The Davies Law Firm, P.A.

Re: Jointly owned real estate

In the situation you describe, he should not move out nor do anything until he gets to a divorce attorney. Immediately.

This man is likely to get seriously hurt by his older wife's actions, costing him a huge amount of grief and money.

Please do everything you can to get him to go to a divorce attorney immediately. And do not let him move out.

If you would like me to assist, please call my office. I am in Hackensack. A half hour consultation will be $75.00

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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Answered on 4/16/07, 8:38 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Jointly owned real estate

In a way, yes she can. If she files for divorce, the house has to get split up. That almost always means it has to get sold. Thus, he will move out at some point. I suggest he see an attorney ASAP.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case.

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Answered on 4/16/07, 9:27 pm
Gary Moore Gary Moore Attorney At Law

Re: Jointly owned real estate

He can stay there but must be careful about being set up for a domestic violence complaint which would bar him from the house. If he has a problem with alcohol he may unable to follow this advice.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 4/16/07, 9:33 pm


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