Newark, NJ asked in Real Estate Law and Divorce for New Jersey

Q: Can my ex say no one can move into the house when he isn’t paying even though he’s on the mortgage?

He moved out and I am in possession of the home but he’s still on the deed and mortgage. He only wants his half if I sell it or someone moves in. Can he legally demand half if I move someone in to help pay for the mortgage? I understand he gets half if I sell but if I need help paying and he isn’t contributing does he have any say?

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2 Lawyer Answers
Matthew Schutz
Matthew Schutz
Answered
  • Flemington, NJ
  • Licensed in New Jersey

A: Assuming that you own an interest in the property, your husband can't prevent you from having someone else come onto the property or if you lease out a room.

Richard Diamond
Richard Diamond
Answered
  • Short Hills, NJ
  • Licensed in New Jersey

A: I dont think you will be surprised with my answer - it's impossible for any lawyer to give you credible advice based on the information provided.

You need to stop taking legal advice from your ex and you need to schedule a consultation with a lawyer to discuss your divorce matter and discuss your rights and obligations including your respective rights with regard to the equity of the former marital home.

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