Can I legally have my spouse removed from the home that we lived in during our entire marriage?

The home we live in was purchased prior to the marriage by me and is in my name alone. My spouse was abusive throughout the marriage with the physcial abuse mostly ending some years ago but the emotional abuse continuing to this day. My spouse has now purchased a townhome in his name alone in another state and has switched driver’s license, car registration, etc. to that address. However, he refuses to leave this home .

Asked on May 22, 2012 under Family Law, New Jersey


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for the situation.  What ou need to do is to file for divorce and ask for exclusive use and occupancy of the home and site the fact that he has moved.  Understand you have some bargaining power here.  Your home was purchased prior to marriage so at first glance it is separate property although he will try and make the argument otherwise.  He may win, he may not.  But if he purchased a home during the marriage with his earnings (marital funds) then it is marital property.  Get help.  Good luck.

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