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  1. #1
    Join Date
    Feb 2009
    Posts
    3

    Default Do I Lose Rights to My Home if I Move Out

    State:NJ

    I have served my husband with divorce papers last august. We then decided to 'work' on the marriage. After 9 months, there has been no working on the marriage. I plan to move out with my children next week. Our home and mortgage is listed in both our names. He has refused on a number of occasions to move out. Which is why I am leaving when the kids are done school. I have not discussed this with him since I am not sure how he will react. Do I lose any rights to my home if I leave? My belongings, furniture etc. If he changes the locks, what can I do? Someone told me I could break the door down since my name is on the deed and mortgage - is this so? (not that I would want to). Thanks.

  2. #2
    Join Date
    May 2009
    Posts
    12

    Default Re: Do I Lose Rights to My Home if I Move Out

    If you are both on title to the house deed & mortgage, you will NOT lose your rights to the house even if you move out.

    During the divorce proceedings, your real property (the house) and personal property (furniture, etc.) will be divided up at a judicial partition proceeding. You will likely be able to hold on to your personal belongings.

    If he tries to change the locks or prevent you from entering your home, that is considered an "ouster", you are entitled to receive your share of the fair rental value of the property for the time you are wrongfully deprived of possession of your house.

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