As far as the regular New Jersey divorce laws are concerned, there is no particular provision that would prohibit a person from continuing to reside in the house after a divorce. In fact, many people think that this is quite possible as long as the person is able to pay the mortgage and expenses to continue residing in the house. However, it is not as easy as you might think.
For example, if your spouse is not only the owner of the house but also lives there with you, it would be very difficult for him to compel you to move out. Moreover, even if you and your spouse own the house as tenants in the entirety (which means that you both own 100 percent of it), the only way your spouse could evict you would be if there is a written agreement in place.
If you are divorced in the state of New Jersey, it is possible to continue to reside in the house you own. However, there are specific terms and conditions that would apply. To learn more about what these terms and conditions are, consult an experienced divorce lawyer in New Jersey.
What are the terms and conditions of the divorce settlement?
The terms and conditions of your divorce settlement dictate whether or not you can reside in the house. For example, if you and your spouse agreed to sell the house and split the money, it would be difficult for you to continue residing in it. The same would hold true if the divorce decree only gives your spouse possession of the house and you are only allowed to live there until you can move out.
Another example would be if the house was awarded to your spouse as part of the divorce settlement and you would be allowed to live in it until the money ran out.
In short, under New Jersey divorce laws, you can reside in the house if you can afford to pay for it. One of the things that would be taken into consideration is how long you will continue to reside in the house after the divorce. Need consultation? Contact an experienced divorce lawyer in New Jersey for a better understanding of your situation.
However, if your spouse is willing to allow you to continue living in the house, you will need to come up with a written agreement. If you cannot reach an agreement with your spouse, you will need to file a motion with the court in order to continue residing in the house.
Who is liable to pay for maintenance after divorce?
It is highly imperative to note that in certain cases, the husband might be asked to pay rent to his spouse even if he continues residing in the house. In fact, this is common in cases where the spouse gets the house as part of the divorce settlement and the husband has been asked to leave.
In such cases, if the rent cannot be agreed upon, you would need to file another motion with the court.
In all such cases, you can always consult an experienced divorce lawyer who can advise and guide you through the process and make sure that you get to stay in your house even after a divorce.
Conclusion:
The article explains that a divorcee can reside in the house that he or she owns. This is subject to the terms and conditions of the divorce settlement. If there is an agreement, it must be written down and if there isn’t one, motions must be filed with the court. A lawyer can help with any steps throughout the process.
