NJSBA Family Law Section

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  • 1.  In-Law Residing in the Marital Residence

    Posted 08-14-2013 07:38 AM
    Just wondering if wife can kick out a mother-in-law from the marital home.  The divorce is pending and husband moved out, but his mom still resides in the marital residence with wife.  If mom gets to stay pending the divorce, what authority supports keeping her in the house?

    Thank you.

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    Jamie Cicerelle Esq.
    Hackettstown NJ
    (908)852-7811

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  • 2.  RE:In-Law Residing in the Marital Residence

    Posted 08-14-2013 08:29 AM
    Jamie,

    To have the mother in-law removed, your client will need to file for an ejectment.  This procedure is used when you are trying to remove someone from the premises who is not a tenant but living in the space.  Financial contribution has no bearing on the issue, the question goes to whether or not there is a lease with the person living in the home.

    Best,

    Eric

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    Eric Hannum Esq.
    Jackson NJ
    (732)370-9596

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