What is the process for spousal eviction?

UPDATED: Oct 1, 2022

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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


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

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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