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My husband and I own a house, I want to separate, he will not leave, so if I leave will I lose any rights to our home?

Plainfield, NJ |

Can I leave my home and not lose my rights to my home, and am I still responsible for paying my share of the bills in that house if I am not living there?

Attorney Answers 2


  1. NJ has tenancy by entirety which means you do not lose rights to marital property by leaving. You do not post if you have children or not. Please do not leave the home until you have discussed your options with a NJ family attorney.

    You might find my legal guide on selecting and hiring a lawyer helpful.
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    (Much of this information is valid for unmarrieds who have children together).

    LEGAL DISCLAIMER
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.


  2. You need to talk to an attorney before you make your move. Depending upon your marital division of bills, the Court could require you to coninue to contribute to the mortgage even if you are not living there. If you leave the children (if you have children) it could set the stage for a custody determination in favor of your Husband.

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