Legal Question in Family Law in New Jersey

do I have to leave my home

My wife is threating divorse and is telling me that I need to move out of the home we rent. She says the reason she wants the divorse is that she cannot stand to be with me anymore. We live in the same home since 1999 and my name is the sole name on the lease. We have a 12 year daughter. Does my wife have any legal rights to have me removed from my home?


Asked on 7/04/06, 3:17 pm

2 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: do I have to leave my home

Is your wife using this website too? The same questions just came up but from the wife's perspective a few days ago, but that was an apartment, not a house. Like I (and others) told her, she has no right to make you leave. However, you may want to move out anyway to avoid any problems, but I realize that isn't always easy. Your bigger issue is the divorce. I suggest at least speaking with an attorney now to discuss what will happen if she files. My consultations are always free so if you call me at 732/247/3340, we can discuss your options and some possible protective measures that you may take.

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Answered on 7/04/06, 4:28 pm
Robert Davies The Davies Law Firm, P.A.

Re: do I have to leave my home

I really am surprised, a woman who could be your wife posted exactly this same question. I will tell you the same thing I told that woman (but she had an apartment, not house):

Shewill not be able to get you to leave the apartment through the legal system, unless there is domestic violence (generally hitting, or threats or destroying things, something like that).

Your wife will be able to get a divorce if there is 'cruelty' or some other legal ground for divorce. You will need to speak to a lawyer to get an explanation of this.

A much bigger problem is the other parts of getting a divorce. You can get a divorce even if you and she do not move out, I have filed for divorce for several of my clients even when their spouse did not move out.

There is a lot to talk about. You will have to raise your daughter, and your wife will be entitled to get you to pay child support money if she gets custody of your daughter. There are a lot of other things to talk about too, even though some things will not apply to you. Even if you do not want a divorce, a good lawyer should be able to help you get through this without as much fighting.

If you would like, give me a call; I am in northern New Jersey. The telephone consultation will be free. I will do what I can to help you out.

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.

Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 7/05/06, 8:41 pm


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