NJSBA Family Law Section

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  • 1.  Ejectment of in-laws

    Posted 10-08-2019 01:40 PM
    I represent the Wife in a case and we've filed a complaint for divorce. The parties reside together in a home deeded in both names and purchased during the marriage.  The parties have a  3 year-old child. The Husband has unilaterally invited her parents, who are from China, to live with the parties in the marital home. They arrived about a month ago and there is constant argument in the house and interference by Husband's parents into the child's daily routine. They overtly comment that if my client doesn't like the situation, she should move out. I anticipate a significant parenting time dispute and think the husband and his parents are trying to get wife to move out as they think it will give them leverage in the parenting time dispute. My client does not want to move out without the kids and can't really afford to until the marital home is sold anyway.

    Any thoughts on whether an ejectment action could be filed to remove the in-laws from the marital home?

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    Matthew Lun Esq.
    Law Office of Matthew Lun
    (609)964-0900
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  • 2.  RE: Ejectment of in-laws

    Posted 10-08-2019 10:09 PM
    Matthew,

    We have had this fact pattern several times.

    Both parties have a right to live in the residence. Each party may invite relatives to stay for an extended period.

    An ejectment action will almost certainly be unsuccessful, because the parties have equal power -- including invitation power.

    While the spouse's and his parents' intent may be to make life unpleasant for your client, I do not believe their actions -- absent domestic violence -- are sufficient to justify the parents' removal.

    In our previous cases, the negatively affected spouse either stayed put despite the tension, or decided to move out to avoid it.

    Hanan

    Hanan-New-pic.jpg

    Hanan M. Isaacs, Esq.
    President/Senior Attorney
    P: 609.683.7400  F: 609.921.8982
    E: [email protected]
    www.kingstonlawgroup.com

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