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my NJ divorce case was dismissed, only to start all over again. my husband in is the marital home, I'm in a florida apartment. The marital home is in both names, at this time, could I just go back to my home? He has no reason to move this case quickly, has been dragging on for 1 1/2 years. he refuses to settle 50/50. I need a resolution! any advise?

Submitted: 14 days and 1 hours ago.

Category: Legal

Value: $18

Status: CLOSED

State/Country relating to Question: New Jersey

Already Tried:
Filed for divorce. He refuses to settle 50/50, dragging this out by hiring a ferensic acct. trying to get inherited and/gifted property. he is not entitled, but is creating a lot of money output. Case finally got dismissed and now have to start over. Can I just go back to the house, since marital is equally owned? I don't really want to but need to put a fire under his ass somehow to get him to settle. He owns a gun, and made threats to me in the past. Any suggestions?

Posted by FLandNYLawyer 14 days ago.

Answer

Hello,

Thank you for your question.

You can go back to the marital house and reside there. You will need your husband's consent to move back into the house since you have moved out. If your husband refuses to allow you access you cannot force your way into the home.once you were living in the home again he cannot force you out without a court action.

14 days ago.

Reply

I can't force my into my home, what do you mean once you were living is the home again, he cannot force you out without a court order. How would I get back into the marital home and get him out.

Accepted Answer

since you have moved out of the home you could only move back in with his permission. Therefore if he does not allow you back into the home you cannot move back in absent a court order. If he does a letter you back into the home you can refuse to leave absent a court order

Accepts:
Expert:	FLandNYLawyer
Pos. Feedback:	97.2 %
Answered:	11/8/2009

Attorney

20 years of private practice

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