What is the process for spousal eviction?

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What is the process for spousal eviction?

We live in NJ and are renters. My husband is verbally abusive and is increasingly
more volatile. He invades my physical space and I feel threatened. I want him to
vacate the home but he says he will not leave. THe home is owned by my parents
and I’ve lived in it for 15 years and he has lived here 6 months.

Asked on December 13, 2017 under Family Law, New Jersey

Answers:

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

Answered 3 years ago | Contributor

Unless there is a formal separation agreement or final decree of divorce in effect, then your home is considered to be the "joint marital residence". This means that you both have the right to live there no matter whose name that the lease may be in. However, there is an exception to this. If your husband is putting you in fear for your safety, then you can file for protecitve order, which means that he will need to vacate the premises. Also, if your husband is violating a term of the lease, then your parents can have him evicted since there are the owners of the property. At this point, you should consult directly with a local attorney who can best advise you further.


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