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.
Divorce / Separation Lawyer
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. The above is said without seeing your case file and without my understanding the entirety of the facts of your case. Depending on those facts, the above information be may incomplete or may be completely inaccurate. The above is intended as general information only based on what you described and not as legal advice. I advise you to consult with counsel who may be able to provide better information commensurate with a better understanding of your situation.
Divorce / Separation Lawyer
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-client relationship. The response is intended as general information based upon the facts stated in the question, and is provided for educational purposes of the public, not any specific individual. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Responses are based solely upon New Jersey law.
Real Estate Attorney
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 on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state, whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.
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 advice", nor does it form an attorney-client relationship.