How to evict a deadbeat husband from my daughter’s home?

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How to evict a deadbeat husband from my daughter’s home?

My 34 year old daughter is married with both parties living in the same residence. Due to a lack of support from her husband who is chronically unemployed and will not provide her with any of his unemployment compensation or any money from his plumbing “side” job income for living expense (ie. mortgage, taxes, utilities, etc) she is at her breaking point. She is providing for all of their combined living expenses and is struggling to keep her home, even after obtaining a mortgage loan modification he is on the deed but the mortgage is in her name only.

Asked on July 9, 2012 under Family Law, New Jersey

Answers:

Russ Pietryga / Pietryga Law Office

Answered 9 years ago | Contributor

Well, if your daughter does not want him there, she should file for a divorce.  In the divorce she will ask for the home.  Once the court awards her the home, he will no longer have any right to be there. 

In additon to filing for the divorce, she should file a motion for temporary orders.  In the motion she should ask for a temporary order for possession of the home.

Hope this helps.


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