How to evict a deadbeat husband from my daughters home ?

Asked about 2 years ago - Northfield, NJ

My 34 yr old daughter is married with both parties living in the same residence. Due to a lack of support from her husband who is chronically unemployed and will not provide her with any of his unemployment compensation or any money from his plumbing "side" job income for living expense ie. mtg,taxes, utilities, etc she is at her breaking point. She is providing for all of their combined living expenses and is struggling to keep her home, even after obtaining a Mortgage loan modification he is on the deed, but the mortgage is in her name only. To further add to the misery he is a "recovering" drug and alcohol addict and has recently joined a "bikers" club. She has asked him multiple times to move out and he refuses. She would like him out of her life and needs some direction on how to get him evicted from the premises and subsequently file for divorce. Any direction or help with this would be appreciated.

Attorney answers (4)

  1. David Perry Davis

    Contributor Level 17

    3

    Lawyers agree

    Answered . As has been previously said on topics of this level of importance .... some questions here can be quickly, easily, and accurately answered. Others cry out for getting a professional legal opinion and a formal consultation with an attorney who specializes in Family Law. You're in that second category. From the facts you're describing, he's been a supported spouse and is recovering from a disability (alcoholism). He could present the facts you're giving in a very different light and seek alimony along with equitable distribution. I'm not trying to punt on answering your question, but it's just too critical of a juncture and too important to try to give "general advice" or answer it here. Skipping a consult is the very definition of being "penny wise / pound foolish."

    IF YOU LIKE THIS ANSWER AND APPRECIATE THE TIME IT TOOK TO WRITE IT, PLEASE SELECT IT AS "BEST ANSWER." Thanks.... more
  2. John B. D'Alessandro

    Contributor Level 14

    2

    Lawyers agree

    Answered . I concur with Mr. Davis. Your daughter needs to consult with an attorney. I also point out that she will have a very difficult time trying to remove him from the house since he is a legal owner. Unless he voluntarily moves she will not be able to forcibly evict him from the house short of a domestic violence type situation.

    IMPORTANT LEGAL NOTICE: The response to the question posted is not legal advice and it does not create an attorney-... more
  3. Dean P Murray

    Contributor Level 18

    1

    Lawyer agrees

    Answered . You will not receive the benefit of a thorough consultation on Avvo. Moreover, it is unreasonable to expect attorneys to even attempt to simulate a consulation on a public website. You should speak with an attorney rather than unnecessarily shortchange yourself. Many offer free consultations. What's the harm?

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more
  4. Robert Ricci

    Contributor Level 17

    1

    Lawyer agrees

    Answered . She needs a lawyer. "Eviction" has no relevance to a divorce case.

    Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal... more

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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