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    roofer1's Avatar
    roofer1 Posts: 3, Reputation: 1
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    #1

    Dec 2, 2011, 07:49 AM
    Evicting a person who lives in your nj home?
    I live in NJ.. my wife and I separated in 2008, to cover bills, she allowed a friend to move in and gave her a basic lease. My wife does not own the home, I am the primary owner on the mortgage. Anyway, this woman she allowed to move in is a horder, she has stored an unregistered and uninsured vehicle on my property, has erected a storgae shed and, packed my house with her belongings. I have no lease or agreement with this woman, nor have I received any rent, security deposit or anything else, I was not party to this lease. How can I get her out of my home ? My wife lives in the same small two bedroom, 1 bath house with her.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #2

    Dec 2, 2011, 07:54 AM
    Your wife had no legal standing to create a lease. It is invalid. However, the friend, even your wife, are residents and must be evicted according to NJ eviction laws.
    roofer1's Avatar
    roofer1 Posts: 3, Reputation: 1
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    #3

    Dec 2, 2011, 09:42 AM
    I do not want to evict my wife, just the other person... Do I have to go through an eviction proceeding or can I just have her removed from the property by the police??
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
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    #4

    Dec 2, 2011, 09:53 AM
    Yes on eviction. Police will not eject her, this is a civil matter
    roofer1's Avatar
    roofer1 Posts: 3, Reputation: 1
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    #5

    Dec 2, 2011, 01:23 PM
    Since my wife has no legal standing to enter into a lease in the first place... by the way, this 'lease' is not even dated... isn't she basically squatting in my home?? On this basis, I do not believe it would be a civil matter but rather a matter of trasspassing...
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Dec 2, 2011, 02:01 PM
    I may disagree if I understand this correctly.

    1. who is on the mortgage is not related, it is who is on the deed of the property, * they can be different.

    2. I will assume that the ex wife is not on the deed.
    3 I will assume they are not completely divorced and the divorce court did not give the ex wife any legal rights to the house.

    If the wife is still living there she is a renter ( even if not paying rent) she as a renter can sub rent or sub lease part of it out. This happens every day when someone in an apartment rents out one of the rooms.

    So yes I would agree that the wife has a legal right to rent out one of the rooms of the home she is living in.

    The owner of the property can not evict the other person if he does not also evict the wife. If he is unhappy with things the other person is doing , he needs to deal with the wife to correct it, or he will be forced to evict both
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Dec 2, 2011, 02:48 PM
    The house is a marital home. Even if your wife is not on the deed. Apparently when you separated, you moved out, thereby allowing her to continue to use the home. It is my belief that a court will say that she had the right to take in a boarder.

    That being the case, this woman is your wife's tenant. Therefore I don't know if you have legal standing to evict her without evicting your wife. On the other hand your wife could evict her. But NJ has a strong anti-eviction law that would make it difficult.

    I would strongly suggest you consult a NJ Real Estate attorney on this.

    The one thing I am sure of is that this woman is neither a squatter or a trespasser. She was invited into the home as a boarder and that affords her tenant rights.
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