Legal Question in Family Law in New Jersey

my husband and i separated and he left the household, now 6 months later he lost his place he was staying at and now he wants to move back in to the house. I changed the locks and I refuse to give him a key. Both of our names are on the deed, can he just move back in without my consent, and do i have to give him a key?


Asked on 9/19/10, 8:41 am

3 Answers from Attorneys

Philip Burnham, Esquire Burnham Law Group, LLC.

Hi,

Technically he does have a right to return to the marital home. However, there may be grounds to keep him out of the house, but you have not provided enough informaiton to provide any advice on whether you have any rights to keep him out of the home.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer:

You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 9/24/10, 8:53 am
Gary Moore Gary Moore Attorney At Law

You have a choice. You can cause your husband to have to go into court to seek access to the house or your can attempt to work out some accommodation. You should try to work it out before you start the dueling lawyers. If he has no place to stay, he has a good argument for returning to the house.

Good luck.

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Answered on 9/24/10, 9:15 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

In my opinion, you can cause a lot of damage but living apart like this. Now you have a big problems on his hand. A lawyer would not be doing his/her job if he/she just said, yes, give him the key or no, give him the key.

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Answered on 9/24/10, 10:32 am


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