Legal Question in Family Law in New Jersey

Occupancy Question

My husband moved to another state after our seperation. He no longer gets mail at our home and has no key to the home. We are in the process of selling the home so he is still responsible for the 1/2 of the mortgage payment. Our divorce will be final the first week in April and he feels that he has the right to stay at the house because he pays 1/2 of the mortgage. Am I correct in assuming that since he left and moved out he has no right and I have no obligation to allow him to stay at the house.

Thank you


Asked on 3/15/06, 3:46 pm

1 Answer from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: Occupancy Question

If you have signed a property settlement agreement providing that you are each free to live separately and to pursue your individual lives separately and he has been living outside of the foremer marital residence you should refuse to allow to reenter your home without his taking recourse to the Court.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 3/15/06, 4:09 pm


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