Legal Question in Family Law in New Jersey

In the process of filing for a divorce, does a spouse that no longer resides in the residence have a right to take possesions that are inside the house?


Asked on 4/26/10, 11:44 am

4 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

That spouse can really do anything he wants in the absence of a Court Order. Theoretically, he owns everything in the house jointly with you. So the fact that he is not living in the house has nothing to do with his rights; he can do what he wants. He loses no rights by leaving. Your larger question is what are the rights and responsibilities of both parties as they begin to go through a divorce. That is a questions that has many nuances and you will need to get a consultation with an experienced divorce attorney to answer that question.

Keep in mind that this information is given based on the scanty facts that you have provided. And no one can rely on advice from an attorney who has not been retained. In order to be able to rely upon any advice, you need to meet with and retain an attorney, who will be able to give you advice after a full and comprehensive interview. Before you do anything, you should contact an attorney for a full consultation. Good Luck! Rob Gleaner

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Answered on 5/01/10, 2:15 pm
Amy Klauber Klauber & Klauber, LLP

If the house was the marital residence and your spouse recently moved from the residence, all of the contents contained in the house are also considered marital assets and are subject to division in the divorce. If both of you own the house, absent a court order, neither of you have more rights to the house and its contents over the other. To best protect your interests, you should speak with an attorney. Please contact my office at 732-663-1500 to schedule a consultation. Please mention Law Guru and we will waive our consutation fee.

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Answered on 5/01/10, 5:13 pm
Robert Davies The Davies Law Firm, P.A.

You need a lawyer before you do anything, or before your let your spouse do anything.

Right now.

Call me, and we can talk. No charge for the phone call. You need some advice before something goes really wrong.

The telephone discussion will be free of charge, and I will let you know what I believe I can do to assist you further. 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: This answer is based only on the statements you have made, and may not be accurate. Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by 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.

For more information on family law and divorce, see my website: http://www.attorneyrobertdavies.com

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Answered on 5/03/10, 9:20 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

I agree with the other lawyers. Call me at 732/773/2768 to discuss.

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Answered on 5/03/10, 1:28 pm


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