my ex-wife refuses to leave the apartment rented in my name and in which we live, what should I do?

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my ex-wife refuses to leave the apartment rented in my name and in which we live, what should I do?

my ex-wife refuses to leave the apartment
rented in my name and in which we live, what should I do?

Asked on February 24, 2018 under Family Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If she is not on the lease and not paying rent to you or the landlord, she is not a tenant and is considered a "guest." Send her written notice, some way you can prove delivery, requiring her to go in some reasonable amount  of time--at least 10 business days. If she does not go, you can then bring an action for "ejectment" (eviction for nontenants) to get a "writ of possession" (a type of court order) that will instruct the county sheriff to remover her and lock her out. Unfortunately, the *only* way to remove someone in NJ is by a court proceeding, so you have to seek a writ of possession in an ejectment proceeding, which means you first have to give her written warning to get out.
Ejectment proceedings are highly technical, and a small procedural error can invalidate them. You are strongly advised  to retain an attorney, preferably a landlord-tenant attorney, to help you.


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