Can I throw my cheating husband out of the house if it is under both of our names?

My husband is cheating on me and I can’t afford to move right now. I am wondering if I can legally throw him out since the mortgage is under both of our names.

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


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

Answered 8 years ago | Contributor

No, unfortunately you can not. You have equal rights to live in the marital home regardless of whose name it is in.  You can, though, go and ask a court to give you exclusive use and occupancy of the home pending the divorce. Get help.  Good luck. 

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