What are some important cases that address the motions to enjoin a spouse from the marital home?
A. Babushik v. Babushik, 157 N.J. Super. 128 (Ch. Div. 1978). Here the plaintiff-wife sought to bar the defendant from the marital home. The home was titled in the plaintiff’s name. There were no allegations of danger to the wife, children or property. The court ordered the defendant to leave the marital home. The court reasoned that it was New Jersey’s public policy to terminate dead marriages. B. Degenaars v. Degenaars, 186 N.J. Super. 233 (Ch. Div. 1982). In this case the court once again recognized that it has broad and equitable powers to enjoin a spouse from the marital home. Here the court found that where a spouse voluntarily left the marital home, and maintained a home elsewhere and wished to return to the marital home, even where there was no definitive proof of danger of physical or emotional harm to the remaining spouse and children if he returned, the spouse could be enjoined from the marital home. The court further held that it would be in the best interests of the childr
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- What are some important cases that address the motions to enjoin a spouse from the marital home?
