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I want a divorce after 16 years, mortgage is in my name only, do I have the right to have him removed from here?

Saddle Brook, NJ |

3 children, no assets other than the house and 2 old cars. He wont leave, he said he dont have to legally...I cant afford to hire a lawyer but we are destroying our children with the fighting, I just think its wrong for me to have to pick up and leave with 3 kids when he should leave. HELP!

Attorney Answers 5


  1. Well then get the divorce going fast. The sooner you go out and actually talk to a lawyer in person and hire one to get it going the sooner he will have to leave. In most states barring any domestic violence at home he will not have to leave until you are divorced. Good luck with your case.

    IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. This information is provided by PEGGY M. RADDATZ, Attorney At Law as a pro bono service. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.


  2. Consult an attorney and start the process to getting a divorce.


  3. The fact that the mortgage is in your name is not the only factor considered when determining his right to it. Additionally, you can't have him removed unless he commits an act of domestic violence, where you call the police, or you file a motion.


  4. You need an attorney to get him out of the home which a Judge can order upon good cause.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed


  5. You really need to consult with an attorney so as to not proceed under any misconceptions about the law on what you can and cannot do. Plus, you are going to want to understand your rights and what you may be entitled to as part of the divorce proceedings. I urge you to at least consult with an attorney and gain this valuable knowledge before you do anything that might be to your detriment, which will be much harder to undue after the fact. You may certainly contact me at my office if you would like to schedule a consultation. Thank you.

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