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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 32789
Experience:  16 yrs. of experience including family law.
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My wife and I have been married for 4 years, we live in NJ. For

Resolved Question:

My wife and I have been married for 4 years, we live in NJ.
For the past 2 years we have been living in my Parents house.
I lost my job 1.5 years ago and have not been able to find a new job since.
My wife has not worked in the 4years we have been married.
My Parents live in a rented house in Oregon and we do not pay rent to them.
My Father has just been placed in an elderly care facility.
My wife and I are now separating.
My parents house has been in their name at all times,
does my wife have any legal claim/right to stay in the house in light
of the separation? If she refuses to leave what can we do?
can she be forced to leave the house so it can be sold?
My mother has to sell the house in order to pay for my Fathers
very expensive elderly care.
Submitted: 6 years ago.
Category: Family Law
Expert:  P. Simmons replied 6 years ago.
Thanks for the chance to assist

Can you clarify, you no longer live in this home? And your wife does not pay rent to your parents?
Customer: replied 6 years ago.

We both currently live in this home right now.


Neither of us has ever paid any rent to my parents.

Expert:  P. Simmons replied 6 years ago.

That complicates it a bit. So long as your married and have not filed to divorce and your living there, if you try to evict here, she will have a decent argument to stay.

Now, were you to separate...and you to move out (you mention that the parents need to sell). At that point she would have zero legal claim to the home.

But if your plan is to continue to live there, just to boot her out...that will be more difficult.

Possible? Perhaps. The process is head to

1. Give her 30 days notice, in writing, to leave.
2. If she does not leave after 30 days, you need to give her “3 day notice” to vacate or be sued. If she ignores this, you then head to the county court and file an eviction suit.
3. As I said, if you are not living there, she has no legal reason to be there and the court will evict. If you are living there and want her out, you maybe able to convince the court to evict here...but if your still married, I suspect the court will not.

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.

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