NJSBA Family Law Section

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  • 1.  family trying to evict wife from marital home

    Posted 10-07-2019 10:31 AM
    Hello everyone, 

    I have a messy divorce where wife immigrated from a foreign country to more into a joint family residential arrangement in New Jersey - meaning, her husband, his brother, and his parents all lived within the apartment unit. For her purpose the home has always been her marital home. However, the deed of the home is in the name of her brother-in-law

    Husband instituted a divorce action a few months ago, which was when she came to me. At that time she continued to live in the marital home. A few weeks, she came home from work one day and saw that the other rooms had been locked shut, in essence everyone moved out of the home. Then a few weeks after that, they put locks on the oven and other appliances. She knows they come regularly to the home because the mail is never there.

    Husband's divorce attorney then called one day to say that wife was staying rent free in the home and needed to move out. This to me us was a shocking statement, because she had never paid rent before. Last week she received a letter from the brother-in-law asking her to move out because she was living there "rent free and without his permission," and she had to vacate immediately. 

    I am not to familiar on what rules would apply here, other than knowing that she can't be evicted without a judge's order. Are there any viable defenses that she would be able to use in this unique situation?

    Much appreciation for your time and review on this . 
    Pooja.


  • 2.  RE: family trying to evict wife from marital home

    Posted 10-08-2019 06:35 AM
    You can file a pendente lite motion in family court to maintain status quo and alternatively seek support so she can obtain other housing.
    --
    W. Lois Kahagi
    Attorney at Law
    320 Amboy Avenue
    Metuchen, New Jersey 08840
    Direct dial: 732-662-1080
    Fax:          848-260-3663
    Email:   [email protected]

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  • 3.  RE: family trying to evict wife from marital home

    Posted 10-08-2019 09:29 AM
    I am in court but there is a statute in the 3Bs precluding removal of a spouse from a home regardless of title.

    MSR



    Sent from my Verizon, Samsung Galaxy smartphone



    Original Message


  • 4.  RE: family trying to evict wife from marital home

    Posted 10-08-2019 10:18 AM

    The statute is 3B:28-3.  It appears to apply to real property.

    a. During life every married individual shall be entitled to joint possession with his spouse of any real property which they occupy jointly as their principal matrimonial residence and to which neither dower nor curtesy applies. One who acquires an estate or interest in real property from an individual whose spouse is entitled to joint possession thereof does so subject to such right of possession, unless such right of possession has been released, extinguished or subordinated by such spouse or has been terminated by order or judgment of a court of competent jurisdiction or otherwise.

    However,  there would probably be an analogy to a rental.  I do not think they have any rights as tenants to remove the wife.  The LL would have to file to remove her.

    By the way, go over with a pair of bolt cutters and get rid of the locks on the oven and fridge.

     

    Michael S. Rothmel, Esquire

    33 Grant Street

    Mount Holly, N.J.  08060

    Phone:  609-261-9100

    Fax:  609-261-9103

     




    Original Message


  • 5.  RE: family trying to evict wife from marital home

    Posted 10-08-2019 11:53 AM
    Sounds like the acts by H were clearly harassment and a solid basis to request a TRO, which gives judge the right to give her possession of the premises and exclude him ---landlord would have to file either non-payment complaint or writ of ejectment to try to get rid of her - and would fail if the H paid the rent as ordered by the judge in the TRO.

    DAVID C. BENDUSH, ESQ. 310 SPRINGFIELD AVE., SUITE 10 BERKELEY HEIGHTS, NEW JERSEY 07922 908-771-0550 (TEL) 908-771-0715 (FAX)



    Original Message


  • 6.  RE: family trying to evict wife from marital home

    Posted 10-20-2019 12:39 PM
    Edited by System 12-28-2023 05:26 PM


    many thanks to everyone for the great advice.

    ------------------------------
    Pooja Mehta Esq.

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    Original Message