New Jersey Lawyer Blog
If you and your spouse have decided to divorce, your instinct might be to move. Maybe you want to avoid the arguing and bickering that contributed to the breakup of your marriage. If you were the one who initiated the divorce, you might want to alleviate your spouse’s discomfort of having you remain in the house. However, leaving your family home before your divorce is final may not be in your best interests.
Can a Spouse Force the Other to Leave the Family Home?
In a New Jersey divorce, neither spouse has the right to force the other to move out before the divorce is final. Once you are married, both spouses have equal rights to reside in the house until the marriage is dissolved.