Can my husband remove me from our home if we are not divorced?

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Can my husband remove me from our home if we are not divorced?

I have a drinking problem and am under professional care. My husband wants me to move out but we are not (yet) divorced. What are my rights?

Asked on June 15, 2012 under Family Law, New Jersey

Answers:

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

Answered 10 years ago | Contributor

If you are living in the marital home and it would be considered as such by the court, then you and your husband have equal rights to stay in your home.  Your husband can, however, ask for exclusive occupancy of the home pending the outcome of the divorce.  So can you.  I think that you should speak with an attorney.  


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