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  1. #1
    Join Date
    Sep 2011
    Location
    NJ
    Posts
    12

    Default Legally Do I Have to Leave the House Once Served with Divorce Papers

    My question involves marriage law for the State of: NJ
    My wife keeps telling me I have to leave and get an apartment...legally do I have to? Are there consequences if I do, abandantment, etc.?

    Also.....if so....who pays for the mortgage and bills from house she is staying in with 2 teen kids before divorce is final? We both work and couldn't afford both househelds

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Legally Do I Have to Leave the House Once Served with Divorce Papers

    If the court has granted your spouse exclusive possession of the marital home, then you need to respect (and, if you choose, take appropriate steps to challenge) that order. If all your spouse has done is ask for exclusive possession, that's not an order - and you can ask for exclusive possession as well in your answer or counter-claim.

  3. #3
    Join Date
    Sep 2011
    Location
    NJ
    Posts
    12

    Default Re: Legally Do I Have to Leave the House Once Served with Divorce Papers

    Quote Quoting Mr. Knowitall
    View Post
    If the court has granted your spouse exclusive possession of the marital home, then you need to respect (and, if you choose, take appropriate steps to challenge) that order. If all your spouse has done is ask for exclusive possession, that's not an order - and you can ask for exclusive possession as well in your answer or counter-claim.
    No, she is only verbal telling me that. No mention in papers served. So can I stay here until house is sold or divorce is over?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Legally Do I Have to Leave the House Once Served with Divorce Papers

    Quote Quoting able22
    View Post
    No, she is only verbal telling me that. No mention in papers served. So can I stay here until house is sold or divorce is over?
    You can stay until a court says otherwise or in the case of the house being sold, until your contract demands you leave.

  5. #5
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Legally Do I Have to Leave the House Once Served with Divorce Papers

    Quote Quoting able22
    View Post
    No, she is only verbal telling me that. No mention in papers served. So can I stay here until house is sold or divorce is over?
    That's right .. she don't like it? She can move out.

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