Can I move back into a house that my boyfriend and I shared together if my name is on the mortgage?

My boyfriend and I separated about 10 months ago. I moved out with our child. Our child and he have papers from the court stating that they reside in the house. What paper work must I fill out to make it so we all reside in the house? Both of us are on the mortgage. We do not have any TRO’S ON each other.

Asked on January 28, 2013 under Real Estate Law, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It appears asthough there existed a court order giving the exclusive use and possession of the house to your boyfriend, who in turn has custody of your child. That being the case, you cannot simply just move back in (as you seem to be aware). Before you can legally return to the home you would have to have the court's permission. At this point, without more information, you really need to consult with an attorney as to all of this. They can best advise as to your rights/remedies under specific state law.


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