Full question:
I am involved with a man whose wife wants to divorce him. He is living in their house, she has been living with her parents for about five months. She recently told him that because the house is in both their names, if she ever catches me in the house she will have me arrested for trespassing. Can she do that?
- Category: Criminal
- Date:
- State: New Jersey
Answer:
Under New Jersey law, a person can be charged with trespassing if they enter or stay in a structure without permission (N.J. Stat. § 2C:18-3). If the wife has informed your partner that you are not allowed in the house, this could be considered notice against trespassing. If you enter the house after being told not to, you could potentially face charges.
Specifically, a person commits a petty disorderly persons offense if they knowingly enter a place after receiving actual communication against trespass. Since the house is jointly owned, the legal situation can be complex, but her warning may give her grounds to claim trespassing if you enter the property.
It is important to consider the legal implications and possibly consult with a legal professional for advice tailored to your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.