Can my girlfriend’s soon-to-be ex husband stop her from moving in with me?

UPDATED: Sep 30, 2022

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Can my girlfriend’s soon-to-be ex husband stop her from moving in with me?

My girlfriend’s soon-to-be ex-husband is trying to stop her from moving into my place. They have been separated for 3 years and she had to sell her house because she can’t afford it anymore, so I told her to come and live with me. We have been dating 1 year. They do have a child the age of 5 and that’s where he wont let her move in with me. I have plenty of room in my house for them.

Asked on March 24, 2017 under Family Law, New Jersey


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

In a way, yes he can.  If she is getting spousal aupport or alimony then there is certain language that he can demand in the stiplulation of settlement that says if you co-habitate with a person of the opposite sex then that stops.  But more importantly he can indeed argue that living with someone is a situation he does not wish his child exposed to and try and gain custody of the child.  If you were engaged then you have a compelling argument against that claim.  Good luck.

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