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Evicting a Soon to Be Ex Wife

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  • 05-15-2014, 12:41 PM
    busaf4
    Evicting a Soon to Be Ex Wife
    My question involves real estate located in the State of: New Jersey


    My Aunt who is still living granted me her house with a life estate rights retained by her. This property was listed in a pre-nup made with my wife as inherited property. My Aunt need funds for an assisted living situation so it was arranged with an elder law attorney that I purchase the house with my aunt retaining life estate rights. This is a secondary house located 80 miles from my primary house and was used by me on weekends and on weekdays when I was in the area on business.

    My wife left me in January and moved into her mothers apartment in NY (we are currently in divorce proceedings). In early April my wife drove down to the this house and gained access by a breaking a window (she admitted this in court and it is on the transcript). The same day of the break in (while I was 80 miles away and unaware of her presences) she filed a Domestic Violence Complaint and Restraining order on the house in the county where the second house is located. I was represented by a criminal/domestic violence attorney and the judge dismissed the case finding her charges without merit in late April.I have not stopped by the house fearing she will get another restraining order. I have an attorney working on my divorce case which has already been filed

    My question is:

    How do I get my soon to be ex wife out of this house.


    Would the best way to proceed would be through my Aunt?

    Can my Aunt file to have her removed per my Aunts Life Estate Rights.
    Can my Aunt also file criminal trespass charges and damage charges (to be used to force my soon to be ex out)
  • 05-15-2014, 01:00 PM
    jk
    Re: Evicting a Soon to Be Ex Wife
    Quote:

    Can my Aunt file to have her removed per my Aunts Life Estate Rights.
    Can my Aunt also file criminal trespass charges and damage charges (to be used to force my soon to be ex out)
    does your aunt live in the house? If not, it would appear you are a subtenant and as such, your aunt's rights have been superseded by your rights as a tenant. Then you have to determine if she can make a claim of it being a marital residence (ownership is irrelevant for this purpose). If so, you would have to have the divorce court address the matter. If not a marital residence, then depending on who is considered the tenant (resident) of the property, that person would have to move to have her removed. Since she was not removed based on a trespass matter previously, I suspect it won't fly now. That would mean you (or your aunt, depending on who is considered the resident of the home) would have to treat her as a tenant and evict her.
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